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IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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^B      Itt  lU    |22 

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I.I         S.         "i" 

L25  III  1.4   11.6 


Photogra{iric 

Sdences 

Corporation 


23  WIST  MAIN  STRUT 

WMSTIR.N.Y.  MSIO 

(71«)  •72-4S03 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notaa/Notas  tachniquaa  at  bibliographiquaa 


Tha  Inatituta  haa  attamptad  to  obtain  tha  bast 
original  copy  availabia  for  filming.  Faaturaa  of  thia 
copy  which  may  ba  bibliographically  uniqua, 
which  may  altar  any  of  tha  imagaa  in  tha 
raproduction,  or  which  may  significantly  changa 
tha  usual  mathod  of  filming,  ara  chackad  balow. 


D 


D 


D 

D 


D 


D 


Colourad  covers/ 
Couvartura  da  coulaur 


I     I   Covers  damaged/ 


Couverture  endommagda 


Covers  restored  and/or  laminated/ 
Couverture  restaur^  at/ou  pellicuMe 


I      I   Cover  title  missing/ 


Le  titre  de  couverture  manque 


□    Coloured  maps/ 
Cartes  giographiquas  en  couleur 

I      I    Coloured  ink  (i.e.  other  than  blue  or  black)/ 


Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
RaliA  avac  d'autres  documanta 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serr6e  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
11  se  peut  que  certaines  pages  blanches  ajouttes 
iors  d'une  restauration  apparaissent  dans  la  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  M  filmAes. 

Additional  comments:/ 
Commentaires  supplAmentaires: 


L'Institut  a  microfilm*  la  meilleur  exemplaira 
qu'il  lui  a  At*  possible  de  se  procurer.  Les  details 
da  cat  exemplaira  qui  aont  paut-Atre  uniques  du 
point  de  vua  bibliographiqua,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mithoda  normala  de  f ilmaga 
aont  indiquAs  ci-deaaous. 


I     I   Coloured  pages/ 


v/ 


D 

D 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film*  au  taux  de  rMuction  indiquA  ci-dessous. 


Pagea  da  couleur 

Pages  damaged/ 
Pagea  andommagtes 


□   Pages  restored  and/or  laminated/ 
Pages  restaurAes  et/ou  peiiicui^es 

0   Pages  discoloured,  stained  or  foxed/ 
Pages  d^colortes,  tacheties  ou  piquies 

□   Pages  detached/ 
Pages  ditachies 


Showthrough/ 
Transparence 


r~^   Quality  of  print  varies/ 


Qualit*  intgaia  de  I'impression 

Includes  supplementary  material/ 
Comprand  du  materiel  supplAmentaire 


Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  una  pelure, 
etc.,  ont  M  filmAes  it  nouveau  de  fapon  A 
obtenir  la  meilleure  image  possible. 


10X 

14X 

18X 

22X 

26X 

30X 

y 

12X 

16X 

20X 

24X 

28X                            32X 

«tail8 
m  du 
nodifiar 
ir  une 
ilmage 


IS 


TIm  copy  filmad  h«r«  has  b««n  raproduead  thanka 
to  tha  ganaroaity  of: 

Law  Library 
York  University 
Toronto 

Tha  imagaa  appaaring  hara  ara  tha  boat  quality 
poaaibia  conaidaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  spacificationa. 


Original  copiaa  in  printad  papar  oovara  ara  filmad 
baginning  with  tha  front  covar  and  anding  on 
tha  laat  paga  with  a  printad  or  iiluatratad  impraa- 
aion.  or  tha  back  covar  whan  appropriata.  All 
othar  original  copiaa  ara  filmad  baginning  on  tha 
f  Irat  paga  with  a  printad  or  iiluatratad  impraa* 
aion,  and  anding  on  tha  laat  paga  with  a  printad 
or  iiluatratad  impraaaion. 


Tha  laat  racordad  frama  on  aaeh  microflcha 
ahaii  contain  tha  symbol  — ^  (moaning  "CON- 
TINUED"), or  tha  aymbol  V  (moaning  "END"), 
whichavar  appliaa. 


L'axampiaira  film*  fut  raproduit  grica  i  la 
gAniroaitA  da: 

Law  Library 

York  Univanity 

Toronto 

Laa  imagaa  auhrantaa  ont  At*  raprodultaa  avae  la 
plua  grand  aoin,  compta  tanu  da  la  condition  at 
da  la  nattat*  da  l'axampiaira  flimi.  at  an 
conformitA  avac  laa  condMona  du  oontrat  da 
fllmaga. 

Laa  axamplairaa  originaux  dont  la  couvartura  wn 
paplar  aat  ImprimAa  aont  filmAa  an  commandant 
par  la  pramiar  plat  at  an  tarminant  solt  par  la 
darnlAra  paga  qui  comporta  una  amprainta 
d'impraasion  ou  d'illustration,  solt  par  la  sacond 
plat,  aalon  la  eaa.  Toua  laa  autraa  axamplairas 
originaux  sont  filmAs  sn  commandant  par  la 
pramMra  paga  qui  comporta  una  amprainta 
d'impraasion  ou  d'illustration  at  9n  tarminant  par 
la  damlAra  paga  qui  comporta  una  talla 
amprainta. 

Un  daa  symbolaa  auhrants  apparattra  aur  la 
damlAra  imaga  da  ehaqua  microflcha.  salon  la 
caa:  la  symbols  -^  signifia  "A  SUIVRE",  la 
aymbola  ▼  signifia  "FIN". 


IMapa.  plataa.  charta.  ate.  may  ba  filmad  at 
diffarant  raduction  ratioa.  Thoaa  too  iarga  to  ba 
antiraly  included  in  ona  axpoaura  ara  filmad 
baginning  in  tha  uppar  laft  hand  comar,  iaft  to 
right  and  top  to  bottom,  aa  many  framaa  aa 
raquirad.  Tha  following  diagrama  illuatrata  tha 
mathod: 


Laa  cartaa.  planchaa.  tablaaux.  ate,  pauvant  Atra 
filmAa  A  daa  taux  da  rAduction  diffAranta. 
Loraqua  la  documant  aat  trop  grand  pour  Atra 
raproduit  an  un  saul  cllchA,  il  aat  fiimA  A  partir 
da  I'angia  aupAriaur  gaucha.  da  gaucha  A  droita. 
at  da  haut  an  baa,  an  pranant  la  nombra 
d'imagaa  nAcaaaaira.  Laa  diagrammaa  suivanta 
illuatrant  la  mAthoda. 


irrata 
to 


pelure. 
n  A 


n 

32X 


1 

2 

3 

1 

2 

3 

4 

6 

6 

TREAT  Yzo 


OF 


AMrrT»  COMMERCE,  AND  NAVIGATION^ 


mrwtiK 


■..=f' 


HIS    BRITANNIC    MAJEdtT, 


^11' 


AMD  THE 


m 


UNITED    STATES    OF  AMERICA^ 


CONDITIONALLY    RATIFIED 


■T  TBB  »KMATK  Of  TBB  OMITtO  8TATBS» AT  PBILAD«LtaiA»  JOMB  34*  tjft^ 


TO   WHICH    IB   AMMtXED 


J    COPIOUS      APPENDIX. 


SECOND  EDITION. 


PHILADELPHIA^ 

VRINTEO     BY     LAIfO    &    tT  S  T  I  C  K, 
jrOR  MATHEW  CAREY,  No.  ix8,  MARKST-fTRSBTi 


NOV.  2,    1795. 


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V'  T7  31 /.M  .  Q-tJtH  A  ^'iJi  ^  :  i^t  Hf 


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ADVERTISEMENT. 

THE  importance  of  the  pending  Treaty  with  Bri- 
-tain,  and  the  fr^uent  references,  in  the  diicuflioh  of 
its  merits,  to  the  Treaties  with  France,  the  Federal 

Conftitution,  &c.  have  induced  the  Editor  to  make  i^ 

> 
compilation  of  as  many  of  the  documents  conneAed 

iiTith  this  interefting  fubjeA,  as  might  be  necelTary  to 

enable  the  reader  to  decide  for  himfelf,  and  not  take| 

on  truft,  the  interefted  quotations  of  party  writers. 


v: 


From  among  the  multiplicity  of  publications, />ro  anc\ 
con,  the  "Features  of  Mr.  Jay's  Treaty,"  and  the 
^*  Vindication**  of  that  inftrument,  have  been  feleded, 
as  including  nearly  all  the  arguments  that  have  been  ad- 
Ta&cedby  the  miters  on  both  fides  of  the  queiUon. 


CONTENTS. 


1  REATY  ofmd  i^  fy  Mn  Jnwdlftd  Gmniilt 


S 
H 


Letter /rm  Mr.  J^fun  to  Mr.  Hammond 

Moltom  of  Mr  Burr  ... 

Motion  tf  Mr.  Tauetoeil  .... 

Tf\^.Jif:Amitf  illtd  Qotiumree  Htuten  Frmm  ^mi  thV^J 

Stateit  F^mary  6tit  177^  ... 

^raOjfnf^lSwue^meniMl  aajde/e^vt,  ittmum  From  «nJ  ihe, 

Udl^'ilattt,  JFehrtuiry  6ti,  iyj^"^  -  f     -   ' 

figfiutkie  treatif  bttmuim  Qnat,  Britain  a^d  th  Unifed  $tatet., 
'    SMimhr  flJtti§$  -i    '■•     •  i -'      ■■■.'■•  ^  •-' 

Conxion  0/ tii  l/nitedSt4tft        .       *  .         .       .     r. 

Atmdmnnto^iOtnr        ■   •'-  '    ''  ■"■         .■.;:■■■:•"■.'..,..■■ 

Curtitu*t  PlnScatioH  ofMr.yaft  Treaty,  iii  Twelve  Kombert     58 
Feitmm^,Mir*JtPi^t  Treny     .  ;-    •:,•!-,;   ». '.;•-."-)»,  ;i';rnt09 
#7nv  ^/i6f  Commerce  id  the  United  Statet,  at  itjande  at  frefiia,. 
,^yand^9tk'uJueedhyMr,jM*tTrMf      .     >         "  r" ':   .''i?-** 
JteMttioHs  of  the  Citiaeiu  ofSofion,  JiSj  ij^,  if^j  isS 


«9 

si 

Hi 

5S 


«J«M^  ^  rttf  Cittzenedf  Port/mouth  /'AT.  H.)ynly  i%  il^S  159 
RefoMione  of  the  Citizen*  of  New-Tori,  Ji^  ap^  1 795 
MenteiM^  ^ tiff  _Citiztmt  $/ FUlade^ia,  jnfy'^^i  vf^S ' 


160 

166 
169 


The  Pre/iJenfe  Reply 

Report  of  the  CharMon  Committee,  July  10,  1795  --, 

,Re/olutions  of  the  Ju/licet  and  jildermen  ofNorfaii,  July  1 1|  *95-  •  73 
Jl^^fcMW  if  the  GMttm  ef  Beiiiinote,jidyt*j,  ffjfS  ~Ibid 

Nevf'^erfey  Petition         -  -  -         -         -         -      174 

\Ml/obaetuof.lie€ithieiu»fTrMm,yttlyi^i^        '         iIMd 
RefoMion*  of  the  Citizens  of  Flenunpon,  (N,  J.)  Tuly  2$,  1 795   1 76 

MlntidiuofthifN0W'roriChamiorofemnem,Jnfyiitti79^i  r^9 
^Tbe  Pnfidm^s  Reply  -  -  ,  -  179 

Q^eirjMtiont  on  the  Extent  of  the  Pr^fUkn^e  Potfer  vutb  rej^ 
'  '  toTreatiet  -  -  -  -  -  ifo 

BriH/b  ProeJamation,  Novemier  6,  1793  -        f^     y*       .183 

Ditttt       dUta  Jani  1794  .      'I^       -- IK* 

Lord tforchefter's  Re^y  to  the  Indians,  Feb.  \o,  1794  184 

Commerciai  Refolutions  moved  for  by  Mr.  Madifon,  in  the  Honfe  of 

Repia^entativet  of  the  United  States,  Jm.  I,  1794  Ibid 

Mr,  j^yton*s  Refolutioiu  for  the  Sequeflration  of  Britt/b  property    l8y 
Refoluiion  moved  for  by  Mr.  jibraham  Clarke,  for.  fuj^en£ng  the 

Intercourfs  with  Britain  -  .  -  -       Ibi4 

Mnplanatioo  of  the  affual  Jituation  of  Mr.  Jay**  Treaty        •       1S8 


TREATT  of  Amity,  Commerce,  and  Navigation,  be- 
tween  his  Britannic  Majejly  and  the  United  States  of 
America,  conditionally  ratified  by  the  Senate  of  the 
United  States,  at  Philadelphia,  June  2^  ^795* 


.  .  Jrll  S  Britannic  Majefly  tnd  the  United  State*  of  Americ*) 
<beihg  defirous,  by  a  Treaty  of  Amity,  Commerce,  and  Navigation, 
to  terminate  their  diiferences  in  fuch  a  manner,  as,  without  reference 
to  the  merits  of  their  refpetftive  complaints  and  pretenHons,  may  ba 
the  befl  calculated  to  produce  mutual  fatisfadlion  and  good  under* 
ftanding :  And  alfo  to  regulate  the  Commerce  and  Navigation  be- 
tween their  r^fpeiflive  countries,  territories  and  people,  in  fuch  a 
manner  as  to  render  the  feme  reciprocally  beneficial  and  fatisfatflory ; 
they  have,  refpcftively,  named  their  Plenipotentiaries,  and  given 
them  full  pow^r  to  treat  of,  and  conclude,  the  faid  Treaty,  that  is 
to  fay :  His  Britannic  Majefty  has  named  for  his  Plenipotentiary, 
the  Right  Honorable  William  Wyndham,  Baron  GrenviUe,  of 
Wotton,  one  of  his  Majefty's  Privy  Council,  and  his  Majefty's  Prin- 
cipal Secretary  of  State  for  Foreign  Affairs  ;  and  the  Preddcnt  of 
the  fud  United  States,  by  and  with  the  advice  and  couicnt  of  the 
Senate  thereof,  hath  appointed  for  their  Plenipotentiary,  tlie  Hon- 
orable  Joha  Jay,  Chief  Juflice  of  the  faid  United  Snatcs,  and  tlieir 
Envoy  Extraordinary  to  his  Majefty,  who  have  agreed-and  conclud- 
ed the  following  articles :  , 

ARTICLE  I. 
There  ihall  be  a  brm,  inviolable^  and  univer^l  peace,  and  a  true 
and  fincere  friendfhip  between  his  Britannic  Majefty,  his  heiis  and 
fucceflbrs,  and  the  United  States  of  America ;  and  between  their 
irefpe^ive  countries,  territories,  cities,  towns,  and  people  of  every 
degree,  without  exception  of  perfocs  or  places. 


0 

3: 

r 


TREATY  OF  AMITY 


ARTICLE    II. 

His  Majefly  will  withdraw  all  his  troops  and  garriTons  from  all 
pods  and  places  within  ihe  boundary  lines  afligned  by  the  Treaty  of 
Peace  to  the  United  States.  This  evacuation  (hall  take  place  on  or 
before  the  firft  day  of  Junc»  one  thoufand  feven  hundred  and  ninety- 
fix,  and  all  the  proper  mcafures  fliall,  in  the  interval,  be  taken  by 
concert  between  the  government  of  the  United  States,  and  his  Ma- 
jedy's  Governor  Ceneral  in  America,  for  fettling  the  previous  at^. 
rangements,  which  may  be  oecdTary  refpe^ng  the  delivery  of  thefaid 
pods :  The  United  States,  in  the  mead  time,  at  their  difcretion,  ex- 
tending their  fettlements  to  any  part  within  the  faid  boundary  line, 
except  within  the  precincts  or  jurifdidlion  of  any  of  the  faid  pofts. 
All  fettlers  and  traders  within  the  precinAs  or  jurifdiAion  of  the  faid 
pofts,  fhall  continue  to  enjoy,  unmolefted,  all  tlieir  property  of  every 
kind,  and  Ihall  be  prote<fled  therein.  They  fliall  be  at  fidl  liberty 
to  remain  there,  or  to  remove  with  all  or  any  part  of  their  efFcdls ; 
and  it  (hall  alfo  be  free  to  them  to  fell  their  lands,  houfes,  or  effeds, 
or  to  retain  the  property  thereof,  at  their  difcretion  ;  fuch  of  them 
as  (ball  continue  to  refide  within  the  faid  boundary  lines,  (hall  not  b^ 
compelled  to  become  citizens  of  the  United  States,  or  to  take  any 
oath  of  allegiance  to  the  government  thereof ;  but  (hall  be  at  full  li- 
berty fo  to  do  if  they  think  proper  i  and  they  (hall  make  and  declare 
their  election  within  one  year  after  the  e  '^acuation  aforefaid.  And 
all  perfons  who  (hall  continue  there  after  the  expiration  of  the 
faid  year,  without  having  declared  their  intention  of  remaining  flib* 
je«5^s  of  his  Britannic  Majefty,  (hall  be  confidered  as  having  eleAed 
to  become  ciazens  of  the  United  States. 

ARTICLE    in. 

It  is  agreed,  that  it  (hall,  at  all  times,  be  frte  to  his  Majeft/s  fub^ 
jedts,  and  to  the  citizens  of  the  United  Sutes,  and  alfo  to  the  Indi- 
ans dwelling  on  either  fide  of  the  faid  boundary  line,  freely  to  pafs 
and  repafs  by  land  or  inland  navigation,  in:o  the  refpedlive  territories 
and  countries  of  the  two  parties,  on  the  continent  of  America  (the 
country  within  the  limits  of  the  Hudfon's  bay  company  only  except- 
ed) and  to  navigate  all  the  lakes,  rivers,  and  waters  thereof,  and 
freely  to  carry  on  trade  and  commerce  with  each  other.  But  it  is 
underftood,  that  this  article  does  not  extend  to  the  admi(fion  of  vef- 
fels  of  the  United  States  into  the  fea-ports,  harbors,  bays,  or  creeka 
of  his  Majefty'sfaid  territories;  nor  into  fuch  parts  of  the  rivers  in 
his  Majefty's  faid  territories  as  are  between  the  mouth  thereof,  and 
the  higheft  port  of  entry  from  the  fea,  except  in  fmali  vefTels  trading 
hqnaJiJe  between  Montreal  and  Quebec,  under  fuch  regulations  as 


WITH  HIS  BRITANNIC  MAJESTY. 


* 


fliall  be  eftabliflied  to  {irerent  the  poflibility  of  any  fn»(ds  in  thi^  re- 
fycik  i  nor  to  the  admiffion  of  Britifh  YcfTels  from  the  feii  into  the  rt- 
Ters  of  the  United  States,  beyond  tJie  higheft  ports  of  entry  fur  veA 
fels  from  the  fea.  The  river  Miffiflip]|n  (hall,  horvever,  according  to 
the  Treaty  of  Peace,  be  entirely  open  to  both  parties  t  and  it  is  fur> 
ther  agreed,  that  all  the  ports  and  places  on  its  eaftern  (ide,  to  which- 
soever of  the  parties  belonging,  may  freely  be  refoitcd  to,  and  ufed 
by  both  parties,  In  as  ample  a  manner  as  any  of  the  Atlantic  i^rts  or 
places  of  the  United  Sutes,  or  any  of  the  poru  or  places  of  his  Ma- 
jefty  in  Great  Britain. 

All  goods  and  merchandize,  whofe  importation  into  his  Majefly's 
/aid  territories  in  America  (hall  not  be  entirely  prohibited,  may 
freely,  for  the  purpofes  of  commerce,  be  carried  into  the  fame  in  the 
manner  aforefaid,  by  the  citizens  of  t^e  tJnited  States,  and  flich  goodt 
•nd  merchandize  (hall  be  fubjeA  to  no  higtier  or  other  duties,  than 
would  be  payable  by  his  Majefty's  fufajefts  on  the  importation  of  the 
fame  from  Europe  into  the  faid  territories.  And  in  like  manner, 
all  goods  and  merchandize,  whofe  importation  into  the  United  States 
fhall  not  be  wholly  prohibited,  may  freely,  for  the  purpofes  of  com- 
merce, be  carried  into  the  fame,  in  the  manner  aforefaid,  by  his 
Majefty's  fubjefis,  and  fuch  goods  and  merchandiza  (hall  be  fubie(!t 
to  no  hif^er  or  other  duties,  than  would  be  payable  by  the  citizens  of 
the  United  Sutes  on  the  importation  of  the  fame  in  American  vefTcls 
into  the  Atlantic  ports  of  the  faid  States.  And  all  goods  not  prohi- 
bited to  be  exported  from  the  faid  territories  refpcdtively,  may,  in 
like  manner,  be  carried  out  of  the  fame  by  the  two  parties  relpedUve- 
ly,  paying  duty  as  aforeikid. 

No  duty  of  entry  (hall  ever  be  levied  by  eitlier  party  on  peltries 
Brought  by  land,  or  inland  navigation  into  t]ie  faid  territories  refpeA- 
irely  ;  nor  (hall  the  Indians  pa(fing  or  rcpailing  with  their  own  pro- 
per goods  and  effcAs,  (^  whatever  nature,  pay  tor  the  fame  any  im- 
pod  or  duty  whatever.  But  goods  in  bales,  or  other  large  packages, 
unufual  among  Indians,  (hall  not  be  confidered  as  goods  belonging 
hotiajide  to  Indians. 

No  higher  or  other  tolls  or  rates  of  ferriage  than  what  are  or  (hall 
be  payable  by  natives,  (hall  be  demanded  on  either  Cde ;  and  nd  du- 
ties (hall  be  payable  on  any  goods  which  (hall  be  merely  carried  over 
any  of  the  portages  or  carrying  places  on  either  fide,  for  the  purpofe 
of  being  immediately  reimbarked  and  carried  to  fome  other  place  or 
])laces.  But  as  by  this  (Kpulation  it  is  only  meant  to  fecure  to  each 
party  afirce  pa(rage  acrofs  the  portages  on  both  fides ;  it  is  agreed,  that 
this  exemption  firom  duty  (hall  extend  only  to  fuch  goods  as  are  car- 
ried in  the  ufual  and  dlreA  road  acrofs  the  portage,  and  are  not  at- 
tempted to  be  in  any  manner  fold  or  exchanged  during  their  pa(rage 


I 


r: 

-J 


•     ,  TREATY  OF  AMITY 

acrofs  the  fame  (  and  proper  regulationi  may  be  edabliflied  to  pr«w 
rent  the  poflibility  of  any  frauds  in  this  refpedl. 

At  thii  article  is  intended  to  render  in  a  great  degree  the  local  ad^ 
vantages  of  each  party  common  to  both,  and  thereby  to  promote  a 
difpoHtion  favorable  to  friendlhip  and  good  neighborhood,  it  is  agreed, 
th&t  the  rcfpe^ve  goTernments  will  mutually  promote  this  amicable 
intercourfe,  by  cauHng  fpeedy  and  impartial  juftice  to  be  done,  and 
necelTary  prote^on  to  be  extended  to  all  who  may  be  concerned 
therein. 

ARTICLE   IV.    • 

Whereas  it  is  uncertain  whether  the  river  MifTiflippi  extends  fo  far 
to  the  northward  as  to  be  interfered  by  a  line  to  be  drawn  due  weft 
from  the  Lake  of  the  Woods,  in  the  manner  mentioned  in  the  Trea- 
ty  of  Peace  between  his  Majefty  and  the  United  Ptates :  it  is  agreed* 
that  meafuret  (hall  be  taken  in  concert  between  his  Majefty's  go- 
rernmcnt  in  America  and  the  government  of  the  United  States,  for 
making  a  joint  furvey  of  the  faid  river  from  one  degree  of  latitude 
below  the  falls  of  St.  Anthony,  to  the  principal  fource  or  fources  of 
faid  river,  and  tlie  parts  adjacent  thereto ;  and  that  if  on  the  refult  of 
fuch  furvey,  it  IhoulJ  appear  that  the  faid  river,  would  not  be  inter- 
fe<^ed  by  fuch  a  line  as  is  above  mentioned,  the  two  parties  will 
thereupon  proceed  by  amicable  negociation,  to  regulate  the  boundary 
line  in  tliat  quarter,  as  well  as  all  other  points  to  be  adjufted  between 
the  faid  parties,  according  to  julHce  and  mutual  convenience,  and  in 
conformity  to  the  intent  of  the  faid  Treaty*  .  ;^ 

ARTICLE  V. 

Whereas  doubts  have  arifen  what  river  was  truly  intended  under 
the  name  of  the  river  St.  Croix,  mentioned  in  the  faid  Treaty  of 
Peace,  and  forming  a  part  of  the  boundary  therein  defcribed  j  that 
quedion  (hall  be  referred  to  the  final  decifion  of  CommiiBoners  to  be 
appointed  in  the  following  manner,  viz.  * 

One  Comrni-'fioner  (hall  be  named  by  his  Majefty,  and  one  by  the 
Prefident  of  the  United  States,  by  and  with  the  advice  and  confent 
of  the  Senate  thereof,  and  the  faid  two  commilTioners  (hall  agree  on 
the  choice  of  a  third;  or  if  they  cannot  fo  agree,  they  (hidl  each 
propofe  one  perfon,  and  of  the  two  names  fo  propofed,  one  (hall  be 
drawn  by  lot  in  the  prefence  of  the  two  original  CommilBoners.  And 
the  three  Commiflioners  fo  appointed,  (hall  be  fwom,  impartially  to 
examine  and  decide  the  (aid  quelHon,  according  to  fuch  evidence  ai 
(hall  refpedively  be  laid  before  them  on  the  part  of  the  Briti(h  govern-; 
ment  and  of  the  United  States.  The  faid  Commiffioners  (hall  meet 
at  Haliiax,  and  (liall  have  power  to  adjourn  to  fuch  other  place  or 


WITH  HIS  BRITANNIC  MAJESTY.  f 

places  at  they  (hall  think  fiu  They  (hall  have  power  to  appoint  » 
Secretary,  and  to  employ  fuch  Surveyor!  or  other  perfoni  a»  they 
(hall  judge  necclTary.  The  faid  comtniffionerB  (ha\\,  by  a  declaration 
under  their  handt  and  feala,  decide  what  river  is  the  river  St.  Croix 
intended  by  the  Treaty.  The  faid  declaration  (hall  contain  a  de- 
fcrlption  of  the  faid  river,  and  (hall  particularize  the  latitude  and  lon« 
gitude  of  its  mouth  and  of  its  fource.  Duplicates  of  this  declu'atton 
and  of  the  (btcmcnts  of  their  accounu,  and  of  the  journal  of  their 
proceedings,  (ball  be  delivered  by  them  to  the  agent  of  his  Majefty, 
and  to  the  agent  of  the  United  Sutes,  who  may  be  refpedtively  ap* 
pointed  and  authorifcd  to  manage  the  bufinefs  on  behalf  of  the  r> 
fpeAive  governments.  And  both  parties  agree  to  confidcr  fuch  de> 
ciflon  as  final  and  conclufive,  fo  as  that  the  fame  (hall  never  thereaf- 
ter be  called  in  queftion*  or  made  the  fubjedl  of  difpute  or  difference 
betweeq  them. 

ARTICLE  VI. 

Whereas  it  is  alleged  by  divers  Britifb  merchants  and  others  his 
Majefty's  fubjeAs,  that  debts  to  a  confiderable  amount,  which  were 
honajuk  contra^ed  before  the  peace,  ftill  remain  owing  to  them  by 
citizens  or  inhabitants  of  the  United  States ;  and  that  by  the  opera- 
tion of  various  lawful  impediments  (ince  the  Peace,  not  only  the  full 
recovery  of  the  faid  debts  has  been  delayed,  but  alfo  the  value  and 
fecurity  thereof  have  been,  in  fevcral  inftances,  impaired  andleffened, 
fothat  by  the  ordinary  courfe  of  judicial  proceedings,  the  British  cre- 
ditors cannot  now  obtain,  and  a^ually  have  and  receive  fiill  and  ade- 
quate compenfation  for  the  lolFes  and  damages  which  they  have 
l^ereby  fuftained.  It  is  agreed,  that  in  all  fuch  cafes,  where  fiiU 
compenfation  for  fuch  lo(res  and  damages  cannot  for  whatever  reafon 
be  adlually  obtained,  had  and  received  by  the  fuid  creditors  in  the 
ordinary  courfe  of  juftice,  the  United  States  will  make  full  and  com- 
plete compenfation  for  the  fame  to  the  faid  creditors ;  but  it  is  diftind- 
ly  underftood,  that  this  provifion  is  to  extend  to  fuch  lo(res  only  as 
have  been  occafioned  by  the  lawful  impediments  aforefaid,  and  is  not 
to  extend  to  \offtt  occafioned  by  fuch  infolvency  of  the  debtors,  or 
other  caufes  as  would  equally  have  operated  to  produce  fuch  a  lofs, 
if  the  fame  impediments  had  not  exifted :  nor  to  fuch  \oSn  or  da- 
mages as  have  bees  occafioned  by  the  manifeft  delay  or  negligence, 
or  wilfiil  omi(rion  of  the  claimant. 

For  the-  piirpofe  of  afcertaining  the  amount  of  any  fuch  lo(res  or 
damages,  five  CommiiTioners  (hall  be  appointed,  and  authorized  to 
meet  and  adt  in  manner  following,  viz.  Two  of  them  (hall  be  apr 
poinded  by  his  Majefty,  two  of  tliem  by  the  Prefident  of  the  United 
Stjtfes  by  and  with  tlie  advice  and  poofent  of  the  Senate  thereof,  and 


c 
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7i 

I. 

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7'' 


M 


TREATY  or  AMITY 


the  fifth  by  the  unatiindas  ymce  of  the  other  four ;  and  if  they  ihbutd 
bot  agree  in  fuch  choice*  then  the  Commiffiooers  named  by  the  two 
parties  (hail  refpedively  propofe  one  peribn,  and  of  the  two  names  fo 
propofed,  one  ihali  be  drawn  by  lot,  in  the  prefence  of  the  four  ori- 
ginal CommilTioners.  When  the  five  Commiffioners  thus  appointed 
(hall  firft  meet,  they  (hall,  before  they  proceed  to  sl&,  re^^vely 
uke  the  following  oath  or  affirmation,  in  the  prefence  of  each  other, 
which  oath  or  affirmation,  being  fo  taken  and  duly  attefted,  (hall  be 
entered  on  the  record  of  their  proceedings,  viz.  **  I  yf.  B.  one  of 
**  the  Commiiitoners  appointed  in  purfiiance  of  the  fixth  article  of  the 
*'  Treaty  of  Amity,  Commerce,  and  Navigation,  between  his  Bri*^ 
**  tannic  MajeHy  and  the  United  States  of  America,  do  folemnly 
**  fviwar,  or  ajlrm,  that  I  will  honefUy,  diligently,  impartially,  aind 
**  carefully  examine,  and  to  the  beft  of  my  judgment,  according  to 
"juAice  and  equity,  decide  all  fuch  complaints,  as,  under  the  faid 
"  article,  (hall  be  preferred  to  the  faid  Commiffioners :  and  that  I  Avill 
**  forbear  to  a£t  as  a  Commiifioner,  in  any  cafe  in  which  I  may  be 
**  perfonally  intereftcd." 

Three  of  the  faid  CommiiEoners  (hall  conftitute  a  board,  and(hall 
have  power  to  do  any  a£t  appertaining  to  the  faid  commi(rion,  pro- 
vided that  one  of  the  Commiifioners  named  on  each  fide,  and  the 
fifth  Commiifioner  fliall  be  prefent,  and  all  decifions  (hail  be  made  by 
the  majority  of  the  voices  of  the  CommiiEoners  then  prefent.  Eigh- 
teen moiiths  from  the  day  on  which  the  faid  CoromiiTioners  (hall  form 
ft  board,  and  be  ready  to  proceed  to  bufincfs,  are  ai&gned  for  receiv- 
ing complaints  and  applications  |  but  they  are  neverthelefs  authorifed 
in  any  particular  cafes  in  which  it  (hall  appear  to  them  to  be  reafonable 
and  juft,  to  extend  the  fame  term  of  eighteen  months  for  any  term  not 
exceeding  fix  months,  after  the  expiration  thereof.  The  (aid  Com- 
miiHoners  (hall  iirft  meet  at  Philadelphia,  but  they  (hall  have  power 
Co  adjourn  from  place  to  place  as  they  (hall  fee  caufe. 

The  faid  Commiifioners  in  examining  the  complaints  and  applica- 
tions fo  preferred  to  them,  are  empowered  and  required,  in  purfuance 
of  the  true  intent  and  meaning  of  this  article,  to  take  into  their  con- 
fideration  all  claims,  whether  of  principal  or  intereft,  and  balances 
of  principal  or  intereft,  to  determine  the  fame  refpedtively,  accord, 
ing  to  the  merits  of  the  feveral  cafes,  due  regard  being  had  to  all  the 
circumilances  thereof,  and  as  equity  and  juiiice  (hall  appear  to  them 
to  require.  And  the  faid  CommiOioners  (hall  have  power  to  exa- 
mine all  fuch  perfons  as  (hall  come  before  them,  on  oath  or  affirma- 
tion, touching  the  premifes ;  and  alfo  to  receive  in  evidence  accord- 
ing as  they  may  think  moft  confident  with  equity  and  juftice,  all  writ- 
ten depofltions,  or  books,  or  papers,  or  copies,  or  extrafts  thereof, 
every  fuch  depofitipn,  book,  or  paper,  or  ^xtrail,  being  duly  authen- 


WITH  HIS  BRITANNIC  MAJESTY.  fi 

pcaai,  Mthcr  tuccording  to  the  legal  ibrtns  ifow  refpe^vely  txiftiiDg 
in  the  two  countries,  or  in  fuch  other  manner  as  the  faid  Commiffir 
oners  ihall  fee  caufe  to  reqiare  or  allow. 

The  award  of  the  faid  Commiilioners  or  of  any  three  of  them  at 
aforeCud,  fhail  in  all  cafes  be  final  and  conclufive,  both  as  to  the  juf« 
tice  of  the  claim,  and  to  the  amount  of  the  iirni  to  be  paid  to  the  ere* 
dUitor  or  claimant :  and  the  United  States  undertake  to  caufe\he  fum 
fo  awarded  to  be  paid  in  fpecie  to  fuch  creditor  or  claimant  without 
dedudion ;  and  at  fuch  time  or  times,  and  at  fuch  place  or  places  aa 
Ihall  be  awarded  by  the  faid  Commiffioners ;  and  on  condition  of  fuch 
Teleafesoraffignments  to  be  given  by  the  creditor  or  claimant,  as  by 
the  faid  Commiffioners  may  be  dire^Sled :  Provided  always,  that  no 
fuch  payment  (hall  be  fixed  by  the  faid  Commiffioners  to  take  place 
fooner  than  twelve  months  from  the  day  of  exchange  of  the  radficar- 
4Uons  of  diis  Treaty. 

ARTICLE  VII. 

Whereas  complaints  have  been  made  by  divers  merchants  and 
•thers,  citizens  of  the  United  States,  that  during  the  courfe  of  the 
'war  in  which  his  Majefty  is  now  engaged,  they  have  fuftained  confi- 
•derable  lofies  and  damage,  by  rcafon  of  irregular  or  illegal  captures 
or  condemnati(ms  of  their  veifels  and  other  property,  under  eokMirof 
Authority  or  commiffions  from  his  Majefty ;  and  that  from  various  cir- 
cumftances  belonging  to  the  faid  cafes,  adequate  compenfation  for  the 
loffes  and  damages  fofuftained  cannot  now  be  aAually  obtained,  had 
and  received  by  the  ordinary  courfe  of  judicial  proceedings ;  it  isagreed, 
that  in  all  fuch  cafes,  where  adequate  compenfation  cannot,  for  what- 
ever reafon,  be  now  a^ually  obtained,  had  and  received  by  the  faid 
merchants  and  others  in  the  ordinary  courfe  of  judice,  full  and  com- 
plete compenfation  for  the  fame  will  be  made  by  the  Britiih  Govern- 
ment to  the  faid  complainants.  But  it  is  diftin^lly  underftood  that  this 
provifion  is  not  to  extend  to  fuch  loffes  or  damages  as  have  been  oc- 
cafloned  by  the  manifeft  delay  or  negligence,  or  wilful  omiifion  of  the 
claimants.  / 

That  for  the  purpofe  of  afcertaining  the  amount  of  any  fuch  loffes 
and  damages,  five  Commiffioners  fliali  be  a})pointed  and  authorifed  to 
a<fl  in  London,  exaftly  in  the  manner  diredled  with  refpetA  to  thofe 
mentioned  in  the  preceding  article,  and  after  having  uken  the  fame 
■oath  or  affirmation  {mutatis  mutandis) ^  the  fame  term  of  eighteen 
months  is  alfo  aifigned  for  the  reception  of  claims,  and  they  are,  in 
like  manner,  authorifed  to  extend  the  fame  in  particular  cafes.  They 
ihall  teceive  teflimony,  books,  papers,  and  evidence  in  the  fame  lati- 
tude, and  exercife  die  like  difcretion  and  powers  refpefting  that  fub- 
je^ ;  and  ihall  decide  the  slums  in  qucftion  according  to  the  menis 


/ 


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•»■ 

^,- ' 
.^  ■' 


t. 


I  1 


*2 


TREAtY  Of  AMITY 


;:.  of  the  fereral  cafes,  and  to  juftice,  equity,  and  the  laws  of  nadoni. 
The  award  of  the  faid  Commiflioners,  or  any  fuch  three  of  them  as 
aforefaid,  (hall,  in  all  cafes,  be  final  and  conclufive,  both  as  to  the 
juftice  of  the  claim  and  the  amount  of  the  fum  to  be  paid  to  the 
claimant ;  and  his  Britannic  Majedy  undertakes  to  caufe  die  fame  to 
be  paid  to  fuch  claimant  in  fpecie,  without  anv  deduAion,  at  fuch 

<  place  or  places,  and  at  fuch  time  or  times  as  (hall  be  awarded  by  the 
faid  Gommidioners,  and  on  condition  of  fuch  releafes  or  a(Egnments 
to  be  given  by  the  claimants,  as  by  the  faid  CommilHoners  may  be 
iliredted. 
f'  ^  And  whereas  certain  merchants  and  others  his  Majefty's  fubjeAs 
complain,  that  in  the  courfe  of  the  war,  they  have  fudained  lofs  and 
damage,  by  reafon  of  the  capture  of  the  veffels  and  merchandize,  taken 
within  the  limits  and  jurifdidion  of  the  dates,  and  brought  into  the 
ports  of  the  fame,  or  taken  by  veffels  originally  armed  in  ports  of  the 
faid  ftates :  v 

It  is  agreed,  that  in  all  fuch  cafes,  where  reditution  (hall  not  hare 
■"  been  made  agreeably  to  the  tenor  of  the  letter  from  Mr.  Jefferfon  to 
Mr.  Hammond,  dated  at  Philadelphia,  Sept.  5,  1793,  a  copy  of 
vdiich  is  annexed  to  this  Treaty  ;  the  complaints  of  the  parties  (hall 
be  and  hereby  are  referred  to  theCommi(Eoners  to  be  appointed  by  vir- 
▼irtue  of  this  article,  who  are  hereby  authorifcd  and  required  to  proceed 
in  the  like  manner  relative  to  thefe  as  to  the  other  cafes  committed  to 
them ;  and  the  United  States  undertake  to  pay  to  the  complainants  or 
claimants  in  fpecie,  without  deduiflion,the  amount  of  fuchfums  as  (hall 
be  awarded  to  them  refpe(5lively  by  the  faid  Commiflioners,  and  at  the 
times  and  place«  which  in  fuch  awards  (hall  be  fpecilied ;  and  on  con- 
dition of  fuch  releafes  or  aflignments  to  be  given  by  the  claimants  as 
in  the  faid  awards  may  be  diredled  :  And  it  is  further  agreed,  that  not 
only  the  now  exifting  cafes  of  both  defcriptions,  but  alfo  all  fuch  as 
(hall  exift  at  the  time  of  exchanging  the  ratifications  of  this  Treaty, 
(hall  be  conddered  as  being  within  the  providons,  intent,  and  mean- 
ing of  this  article.  .  < 

ARTICLE  VIII. 
It  is  further  agreed,  that  the  Commiflioners  mentioned  in  this  and 
the  two  preceding  articles,  (hall  be  refpeftively  paid  in  fuch  manner 
as  (hall  be  agreed  upon  by  the  two  parties  ;  fuch  agreement  being  to 
be  fettled  at  the  time  of  the  exchange  of  the  ratifications  of  this  Treaty. 
And  all  other  expences  attending  the  faid  commi(rions,  (hall  be  de- 
frayed jointly  by  the  two  parties,  the  fame  being  previoudy  afcertained 
and  allowed  by  the  majority  of  the  Commiflioners.  And  in  the  cafe 
;'  of  death,  dcknefs,  or  neceflary  abfence,  the  place  of  every  fuch  Com- 
miiEoner  rcfpe^vely,  diall  be  fupplied  m  fuch  manner  as  fuch  Cora* 


WITH  HIS.  :^RITANMIC  MAJESTY. 


«S 


cafe 
om- 

0Q1« 


milEoner  was  firft  appoin     ,  and  the  new  CommiiHonen  (hall  take 
the  fome  oath  or  afHrmation*  and  do  the  fame  duties^ 

ARTICLE  IX. 
It »  agreed,  that  Britifh  rubje(fls  who  now  hold  lands  in  the  terri- 
tories of  the  Uqited  States,  and  American  citizens  who  now  hol4 
lands  in  the  dominionf  of  his  Majefty,  (hall  continue  to  hold  them 
according  to  the  nature  and  tenure  of  their  refpedive  eftates  and  titles 
therem  ;  and  may  grant,  fell  or  devife  the  fame  to  whom  they  pleafe, 
in  like  manner  as  if  they  wdre  natives ;  and  that  neither  they  nor 
their  heirs  or  adigns  (hall,  fo  far  as  may  refpedl  the  faid  lands  and 
the  legal  remedies  incident  thereto,  be  regarded  as  aliens. 

ARTICLE     X. 

Neither  the  debts  due  from  individuals  of  the  one  nation  to  indiri« 
duals  of  the  other,  nor  (hares,  nor  monies  which  they  may  have  in  the 
public  funds,  or  in  the  public  or  private  banks,  (hall  ever  in  any  event 
of  war  or  national  differences,  be  (equeftered  or  coniifcated,  it  being 
unjufl  and  impolitic,  that  debts  and  engagements  contracted  and  made 
by  individuals  having  confidence  in  each  other,  and  in  their  refpeAive 
governments,  (hould  ever  be  de^royed  or  impaired  by  national  autho> 
rity,  on  account  of  national  differences  and  difcontents. 

ARTICLE     XI. 

It  is  agreed,  between  his  Majefty  and  the  United  States  of  America, 

that  there  (hall  be  a  reciprocal  and  entirely  perfeft  liberty  of  navigation 

and  commerce  between  their  refpeftive  people,  in  the  manner,  under 

the  limitations  and  on  the  conditions  fpccified  in  the  following  articles: 

ARTICLE  Xn. 
His  Majefty  confents,  tliat  it  (hall  and  may  be  lawful  during  tlie 
time  herein  after  limited,  for  the  citizens  of  the  United  States  to 
carry  to  any  of  his  Majefty's  iflands  and' ports  in  the  Weft-Indies  from 
the  United  States,  in  their  ov/n  ve(rels,  not  being  above  the  burthen 
of  feventy  tons,  any  goods  or  merchandizes  being  of  the  growth,  ma- 
nufa-ftu*  or  produce  of  the  faid  ftates,  which  it  is  or  may  be  lawful 
to  carry  to  the  fa!d  iflands  or  ports  from  the  faid  ftates  in  Britifh  vef- 
fels  •,  and  that  the  faid  American  vefFels  (liall  be  fubjeft  there  to  no 
other  or  higher  tonnage  duties  or  charges,  than  (hdl  be  payable  by 
Britifh  vcffds  in  the  ports  of  the  United  States  ;  and  that  the  car- 
goes of  the  faid  American  vefTels  ftiall  be  fubjea  there  to  no  other  or 
higher  duties  or  charges,  than  (hall  be  payable  on  tl\e  like  articles  if 
imported  there  fiom  the  faid  ftates  in  Britifh  veffels. 


)  If , 


A 


4- 


y 


c 

r 


•1  -, 


i  I 


*4 


TREATY  OF  AMITY 


/'      And  his  Majefty  alfo  confenrs,  that  it  (hall  be  lawful  for  the  faid 
American  citizens  to  purchafe,  load,  and  carry  away  in  their  faid 
Tcffels  to  the  United  States,  from  the  faid  iflands  and  ports,  all  fuch 
articles  being  of  the  growth,  manufadlure  or  produce  of  the  faid  iflands, 
as  may  flow  by  law  be  carried  from  thence  to  the  faid  ftates  in  Britifli 
vefl*els,  and  fubjeft  only  to  the  fame  duties  and  charges  on  exporta> 
tion,  to  which  Britifli  vefTels  and  their  cargoes  are  or  fliall  be  futgeft 
ib  fimilar  circumflancei. 
"'Kofidcd  always,  that  the  faid  American  vefTels  do  carry  and  land 
^     tiieir  c&rgoes  in  the  United  States   only,  it  being  cxprefsly  agreed 
and  declared,  that  during  the  continuance  of  this  article,  the  United 
States  will  prohibit  and  reftrain  the  carrying  away  any  molafles,  fugar, 
coffee,  cocoa  or  cotton  in  American  veflels,  either  from  his  Majefly's 
iflands,  or  from  the  United  States  to  any  part  of  the  world  except 
the  Utiited  Std:tes,  reafbnable  fea  flores  excepted.     Provided^  alfo, 
diat  it  fhatl  and  may  be  lawflil,  during  the  fame  period,  for  Britifh' 
tefTeh  to  itnport  from  the  faid  iflands  into  the  United  States,  and  to 
export  from  the  United  States  to  the  faid  iflands,  all  articles,  whatever 
being  of  the  growth,  produce  or  manufadure  of  the  faid  iflands,  or  of 
the  United  States  re^eftively,  which  now  may,  by  the  laws  of  the 
faid  fhtes,  be  fo  imported  and  exported.     And  that  the  cargoes  of 
the  faid  Britifli  veffeh  fhall  be  fubjedt  to  no  other  or  higher  duties  or 
charges,  than  fliall  be  payable  on  the  fame  articles,  if  fo  imported  or 
exported  in  American  vefTels. 

It  is  agreed,  that  this  article  and  every  matter  and  thing  therein 
Contained,  fliall  eontinue  to  be  in  force  during  the  continuance  of  the 
War  in  which  his  Majefty  is  now  engaged ;  and  alfo  for  two  years 
from  and  afler  the  day  of  the  fignature  of  the  preliminary  or  other 
articles  of  peace,  by  which  the  fame  may  be  terminated. 

And  it  is  further  agreed,  that  at  the  expiration  of  the  faid  term, 
(he  two  cotttrading  parties  will  endeavour  further  to  regulate  their 
commerce  in  this  refpeA  according  to  the  fituation  in  which  his  Ma- 
jefty may  then  find  himfelf  with  refpeft  to  the  Wcft-Indies,  and  with 
*  view  to  fiicfa  arrangements  as  may  befl  conduce  to  the  mutual  ad- 
v%titage  and  extenfion  of  commerce.  And  the  faid  parties  will  then 
felib  renew  their  difcufTiOns,  iand  endeavour  to  agree,  whether  in  any 
«nd  what  cafetf,  neutral  veffels  ftiaM  protect  enemy's  property ;  and 
in  what  cafes  provifion^  and  other  articles,  not  generally  contraband, 
may  become  fuch.  But  in  the  mean  time,  their  condnA  towards 
each  other  in  thefe  refpedts,  fliall  be  regulated  by  the  articles  herein 
lifter  inferted  oa  thofe  fltbjeAe. 


>'/ 


WITH  HIS  BRITANNIC  MAJESTY. 


U 


ARTICLE    XIIL 

His  Majefty  confents,  that  the  vefTels  belongiag  to  the  cit'izent  of 
the  United  States  of  America,  (hall  be  admitted  and  hoTpitably  re- 
ceived, in  all  the  fea  ports  and  harbours  of  the  Britilh  territories  in 
the  Eaft-Indies.  And  that  the  citizeni  of  die  faid  United  States, 
may  freely  carry  on  a  trade  between  th,e  faid  territcmes  and  the  faid 
United  Sutes,  in  all  articles  of  which  the  importation  or  exportation 
rcipedlively,  to  or  from  the  faid  territories,  (hall  not  be  entirely  pro* 
hibtted.  provided  only,  that  it  (hall  not  be  lawful  for  them  in  any 
time  of  war  between  the  Briti(h  government  and  any  other  power  or 
(late  whatever,  to  export  from  tlie  faid  territories,  witliout  the  fpe- 
cial  permiilioo  of  the  Britiih  government  there,  any  military  (lores, 
or  naval  ftores,  nr  rice.  The  citizens  of  the  United  States  (hall  pay 
for  their  vefTels,  when  admitted  into  the  faid  ports,  no  other  or  higher 
tonnage  duty  than  (hall  be  payable  on  Briti(h  ve(rels,  when  admitted 
into  the  ports  of  the  United  States.  And  they  (hall  pay  no  other  or 
higher  duties  or  charges,  on  the  importation  or  exporution  of  th« 
cargoes  of  the  faid  veffels,  than  (hall  be  payable  on  the  fame  articles 
when  imported  or  exported  in  Brtti(h  ve(rels.  But  it  is  exprefsly 
Agreed,  that  the  veflels  of  tlie  United  States  (hall  not  carry  any  of  the 
articles  exported  by  them  from  the  faid  Britifh  territories,  to  any  pen 
or  place,  except  to  fome  port  or  place  in  America,  where  the  fame 
ihall  be  unladen,  and  fuch  regulations  (ball  be  adopted  by  both  par- 
ties, as  (hall  firom  time  to  time  be  found  necefTary  to  enforce  the  due 
and  faithful  obfervance  of  this  ftipulation.  It  is  alfo  underftood  that 
the  permiiRon  granted  by  this  article,  is  not  to  extend  to  allow  the 
veffels  of  the  United  States  to  carry  on  any  part  of  the  coafting  trade 
of  the  faid  Britifh  territories  ;  but  vefT^ls  going  with  their  original 
cargoes,  or  part  thereof,  from  one  port  of  difcharge  to  anotlier,  arc 
not  to  be  confidered  as  carrying  on  the  coafting  trade.  Neither  is 
this  article  to  be  conftrucd  to  allow  the  citizens  of  the  faid  ftates  to 
fettle  or  refide  within  the  faid  territories,  or  to  go  into  the  interior 
parts  thereof,  without  the  permifTion  of  tlie  Britifh  government  efta- 
blifhed  there ;  and  if  any  tranfgreflion  (hould  be  attempted  againft  the 
regulations  of  the  Britifh  government  in  this  refpe^,  the  obfervancc 
of  the  fame  (hall  and  may  be  enforced  agaipfl  the  citizens  of  America 
in  the  fame  manner  as  againft  Britiili  fubjefls,  or  others  tranfgreClng 
the  fame  rule.  And  the  citizens  of  the  United  States,  whenever  tliey 
arrive  in  any  port  or  h.irbour  in  the  faid  territories,  or  if  they  fhould 
be  permitted  in  manner  aforefaid,  to  go  to  any  other  place  thei'ein, 
(hall  always  be  fubjeft  to  the  laws,  government  and  jurifdi^on  of 
what  nature  eftablifhed  in  fuch  harbour,  port  or  plnce,  according  as 
the   fame  may  be.     The  citizens  of  tlie  United  States  may  alfb 


c 


5; 


r 

r 


i6 


TREATY  OF  AMITY 


I    ii 


touch  for  refrefhtnent  at  the  ifland  of  St.  Helena,  but  fubjeA  in  all 
refpeAs  to  fuch  regulations  as  the  Britifli  government  may  from  time 
to  time  eflablifh  there.         ^ 

ARTICLE  XIV. 
There  (hall  be  between  all  the  dominions  of  his  Majefty.in  Europe 
and  the  territories  of  the  United  Sutes,  9.  reciprocal  and  perfeA 
liberty  of  commerce  and  navigation.  The  people  and  inhabitants  of 
the  two  countries  refpedively,  (hall  have  liberty  freely  and  fecurely* 
and  without  hindrance  and  moleftation,  to  come  with  their  (hips  and 
cargoes  to  the  lands,  countries,  citi  ■,  ports,  places,  and  rivers, 
within  the  dominions  and  territories  aforefaid,  to  enter  into  the  fame, 
to  refort  there,  and  to  remain  and  refide  there,  without  any  limita- 
tion of  time.  Alfo  to  hire  and  po(rcfs  houfes  and  warehoufes  for  the 
purpofes  of  their  commerce,  and  generally  tlie  merchants  and  traders 
on  each  fide,  (hall  enjoy  the  mod  complete  proteAion  and  fecurity 
for  tl;eir  commerce  ;  but  fubjei^  always,  as  to  what  refpeds  this  article, 
to  the  laws  and  llatutes  of  the  two  countries  refpedively. 

,ARTICI.E    XV.  1 

It  is  agreed,  that  no  other  or  higher  duties  (hall  be  paid  by  the 
(hips  or  merchandize  of  the  one  party  in  the  ports  of'  the  other,  than 
fuch  as  are  paid  by  the  like  vefTels  or  merchandize  of  all  other  na- 
tions. Nor  (hall  any  other  or  higher  duty  be  impofed,  in  one 
country,  on  the  importation  of  any  articles  of  the  growth,  produce,  or 
manu&Aure  of  the  other,  than  are  or  (hall  be  payable  on  the  impor> 
tation  of  the  like  articles  being  of  the  growth,  produce,  or  manu- 
facture of  any  other  foreign  country.  Nor  (hall  any  prohibition  be 
impofed  on  the  exportation  or  importation  of  any  articles  to  or  from 
tlie  teritories  of  the  two  parties  refpeiStively,  which  (hall  not  equally 
extend  to  all  othtr  nations. 

But  the  Britifli  government  refef  ves  to  itfelf  the  right  of  impofing 
on  American  veSds  entering  into  the  Britilh  ports  in  Europe,  a  ton- 
nage duty  equal  to  that  which  (hall  be  payable  by  Briti|h  velTels  in  the 
ports  of  America:  And  alfo  fuch  duty  as  may  be  adequate  to  coun- 
tervail the  diflPerence  of  duty  now  payable  on  the  importation  of  Eu- 
ropean and  ACatic  goods,  when  imported  into  the  United  States  in 
Britifli  or  in  American  veflels.  ' 

The  two  parties  agree  to  treat  for  the  more  exaft  equalization  of 
the  duties  on  the  refpeftive  navigation  of  their  fubjefts  and  people,  in 
fuch  manner  as  may  be  moil  beneficial  to  the  two  countries.  The 
airangements  for  this  purpofe  fliall  be  made  at  the  fame  time,  with 
thofe  mentioned  at  the  concludon  of  the  twelfth  article  of  this  treaty, 
and  are  to  be  confidercd  a?  a  part  thereof.     In  the  interval,  it  i$ 


-I    li 


WITH  HIS  BRITANNIC  MAJESTY. 


*1 


agreed,  that  the  United  States  will  not  impofe  any  new  or  additional 
tonnage  duties  on  Britifti  vefTels,  nor  increafe  the  now  fubfiftiiig  dif- 
ference between  the  duties  payable  on  the  importation  of  any  articles 
in  Britiih  or  in  American  veflels. 

ARTICLE    XVI. 

It  (hall  be  free  for  the  two  contraAing  parties,  refpeftively  to  ap- 
point  confuls  for  the  proteAion  of  trade,  to  refide  in  the  dominions 
and  territories  aforefaid ;  and  the  faid  confuls  (hall  enjoy  thofe  liber- 
ties and  rights  which  belong  to  them  by  reafon  of  their  function.  But 
before  any  conful  (hall  a6t  as  fuch,  he  (hall  be  in  the  dual  forms  appro- 
ved and  admitted  by  the  party  to  whom  he  is  fent ;  and  it  is  hereby 
declared  to  be  lawful  and  proper,  that  in  cafe  of  illegal  or  improper 
«onduA  towards  the  laws  or  government,  a  conful  may  either  be  pun^ 
i(hed  according  to  law,  if  the  laws  will  reach  the  fiafe,  or  be  difmilTed, 
or  even  fent  back,  the  o({ended  government  adigning  to  the  other 
their  reafons  for  the  fame. 

Either  of  the  parties  may  except  firom  the  re(idence  of  confuls  fuch 
particular  places,  as  fuch  party  (hall  judge  proper  to  be  fo  excepted. 

ARTICLE    XVIL 

It  is  agreed,  that  in  all  cafes  where  veflels  (hall  be  captured  or  de- 
tained on  jud  fufpicion  of  having  on  board  enemy's  property,  or  of 
.  carrying  to  the  enemy  any  of  the  articles  which  are  contraband  of 
,  war ;  the  faid  veflel  (hall  be  brought  to  the  neareft  or  mod  convenient 
port ;  and  if  any  property  of  an  enemy  (hould  be  found  on  board  fuch 
veffel,  that  part  only  which  belongs  to  the  enemy  (hall  be  made  prize, 
and  the  ve(rel  (hall  be  at  liberty  to  proceed  with  the  remainder  with- 
out any  impediment.  And  it  is  agreed,  that  all  proper  meafures  (hall 
be  taken  to  prevent  delay,  in  deciding  the  cafes  of  (hips  or  cargoes  fo 
brought  in  for  adjudicatioii }  and  in  the  payment  or  recovery  of  any 
indemnification,  adjudged  or  agreed  to  be  paid  to  the  mailer  or  own- 
ers of  fuch  (hips. 

ARTICLE    XVIII. 

In  order  to  regulate  what  is  in  future  to  be  deemed  contraband  of 
war,  it  is  agreed,  that  under  the  faid  denomination  (hall  be  comprif- 
ed  all  arms  and  implements  ferving  for  the  puqKjfes  of  war,  by  land 
or  fea,  fuch  as  cannon,  mudcets,  mortars,  petards,  bombs,  grenadoes, 
carca(res,  fauciiTes,  carriages  for  cannon,  muflcets'  refts,  bandoliers, 
gun  powder,  match,  falt-petre,  ball,  pikes,  fwords,  head-pieces, 
cuira(res,  halberts,  lances,  javelins,  horfe  furniture,  holiters,  belts, 
and  generally  all  other  implements  of  war  ;  as  alfo  timber  for  (hip- 
building,  tar  or  rozin,  copper  in  (Iicets^  fails,  hemp  and  cordage,  zad 


K 


18 


11  1,11 


TREATY  OF  AMITY 


geoerally  whatever  may  ferve  direaly  to  the  equipment  of  vcflels, 
unwrought  iron  and  fir-plaoks  only  excepted  {  and  jdl  the  above  arti- 
cles are  hereby  declared  to  be  juft  objeAi  of  confifcauon,  whenever 
they  are  attempted  to  be  carried  to  any  enemy. 

And  whereas  the  difficulty  of  agreeing  on  the  precife  cafes  in  which 
alone  proviHons  and  other  articles  not  generally  contraband  may  be 
regarded  as  fuch,  renders  it  expedient  to  provide  againft  the  inconve- 
niencies  and  mifunderftandings  which  might  thence  arife  :  It  is  fur- 
ther agreed,  that  whenever  any  fuch  articles  {o  becoming  contraband* 
according  to  the  exifting  laws  of  Nations,  (hall  for  that  reafon  be 
feized,  die  fame  fliall  not  be  confifcated,  but  the  owners  thereof  (ball 
be  fpeedily  and  completely  indemnified ;  and  die  captors,  or  in  their 
de&ult,  the  government  under  whofe  authority  they  a^,  (hall  pay  to 
the  mafters  or  owners  of  fuch  VeiTels,  the  full  value  of  all  articles* 
with  a  reafbnable  mercantile  profit  thereon,  together  with  the  fieight, 
and  alio  the  demurrage  incident  to  fuch  detention. 

And  whereas  it  frequendy  happens  that  vefTels  fail  for  a  port  or 
'jplace  belonging  to  the  enemy,  without  knowing  that  the  fame  is 
either  be(teged,  blockaded,  or  in  veiled  j  it  is  agreed,  that  every  veffel 
fo  circumftanced,  may  be  turned  away  from  fuch  port  or  place,  but 
(he  (hall  not  be  detained,  nor  her  cargo,  if  not  contraband,  be  confif- 
cated,  unlefs  after  porice  (he  (hall  again  attempt  to  enter  ;  but  fee  (hall 
be  permitted  to  go  to  any  other  port  or  place  (he  may  think  pr(^r  : 
Nor  (hall  any  veflel  or  goods  of  either  party,  that  may  have  entered 
into  fuch  port  or  place,  before  the  fame  was  befieged,  blockaded  or 
invefted  by  the  other,  and  be  found  therein  after  the  redudtion  or  fur- 
bender  of  fuch  place,  be  liable  to  confifcation,  but  (hall  be  reftored  to 
l^e  owners  or  proprietors  thereof. 

ARTICLE    XIX. 

And  that  more  abundant  care  be  taken  for  the  fecurity  of  the  re-r 
fpeftive  fubjefts  and  citizens  of  the  contracting  parties,  and  to  pre- 
vent their  fuffering  injuries  by  th?  men  of  war,  or  privateers  of  either 
party,  all  commanders  of  (hips  of  war,  privateers,  and  all  others 
the  faid  fubje^s  and  citizens,  (hall  forbear  doing  any  damage  to  thofe 
of  the  other  party,  or  committing  any  outrage  againft  them,  and  if 
they  aft  to  the  contrary,  they  (hall  be  puniihed,  and  (hall  alfo  be 
bound  in  their  perfons  and  eftates  to  make  fatisfacflion  and  repara- 
don  for  all  damages,  and  the  intereft  thereof,  of  whatever  nature 
the  faid  damages  may  be. 

For  this  caufe  all  commanders  of  privateers,  before  they  receive 
their  commilTiohs,  (hall  hereafter  be  obliged  to  give  before  a  compe- 
tent judge,  fufiicient  fecurity,  by  at  leaft  two  rcfponfiblc  fureties,  who 
have  no  intered  in  the  faid  privateer,  each  of  whom,  together  with 


.1 


WITH  HIS  BRITANNIC  MAJESTY. 


i4 


the  faid  commandert  (hall  be  jointly  and  fererally  bound  in  the  fom 
of  fifteen  hundred  ponnds  fterling,  or  if  fuch  (hips  be  provided  with 
above  one  hundred  and  fifty  feamen  or  foldiers,  in  the  fum  of  three 
thoufand  pounds  (lerling,  to  fatisfy  all  damages  and  injuries,  which 
the  faid  privateet,  or  her  officers  or  men»  or  any  of  them  may  do  or 
commit  during  their  cruife,  contrary  to  the  tenor  of  this  Treaty,  or 
to  the  laws  and  inftmdHons  for  regulating  their  conduA ;  and  further, 
that  in  all  cafes  of  aggreffions,  the  faid  commifEons  (hall  be  reroked 

and  annulled. 

It  is  alfo  agreed,  that  whenever  a  jadge  of  a  court  of  admiralty 
of  either  of  the  partica,  (hall  pronounce  fentence  againft  any  veffel, 
or  goods  or  property  belonpog  to  the  fubje^s  or  citizens  of  the  other 
party,  a  formal  and  duly  authenticated  copy  of  all  the  proceedings  in 
the  caufe,  and  of  the  faid  (entence,  (hall,  if  required,  be  delivered 
to  the  commander  of  the  faid  veflel,  without  the  fmalleft  delay,  he 
paying  all  legal  fees  and  demands  for  the  famen 

ARTICLE    XX. 

It  is  further  agreed,  that  both  the  faid  contracting  parties,  fhall 
not  only  refufe  to  receive  any  pirates  into  any  of  their  ports,  havens, 
or  towns,  or  permit  any  of  tbdr  inhabitants  to  receive,  prote^,  har- 
bour, conceal  or  alHft  them  in  any  nntmier,  but  will  bring  to  coMBga 
pnnifhment  all  fuch  inhabitants  as  (hall  be  guilty  of  fuch  aAs  or 
olfences. 

And  all  then*  (hips,  with  the  goods  mr  merchandizes  taken  by  them 
and  brought  into  the  port  of  either  of  the  faid  parties,  (hall  be  (eiaed 
as  far  as  they  cain  be  difco\'ered,  and  fhall  be  reflored  to  the  owners, 
or  their  factors  or  agents,  duly  deputed  and  andiorized  in  writing  by 
them  (proper  evidence  being  firft  given  in  the  court  of  admin^  for 
proring  d»e  property)  even  in  caie  fuch  effcdb  (hould  have  pafTed  into 
other  hands  by  fale,  if  it  be  proved  that  the  buyers  knew,  or  had  good 
teafoo  to  believe,  or  fnfpcift  that  they  hadbtcn  piratically  taken. 

ARTICLE    XXL 

It  is  likewife  agreed,  thnt  the  (ufajeAs  and  citizens  of  the  two  na- 
tions, (haH  not  do  any  adts  of  hofHlity  or  violence  againd  each  other, 
nor  accept  commiiTions  or  inflrudlions  fo  to  z&  from  any  foreign 
prince  or  ftate,  enemies  to  the  other  party ;  nor  (hall  the  enemies  of 
one  of  the  parties  be  pcrn^itted  to  invite,  or  endeavor  to  enlift  in  their 
military  fervice  any  of  the  fufejefts  or  citizens  of  the  other  party ; 
and  the  laws  againft  all  fuch  offences  and  aggreflions,  (hall  be  puniftu- 
ally  executed.  And  if  any  fub'teft  or  citizen  of  the  faid  parties  re- 
fpe^ivcly,  (hall  accept  any  foreign  commi/non,  or  letters  of  marque, 
for  arming  any  vefTel  to  aA  as  a  privateer  againil  the  other  party,  and 


!lf! 


/ 


i! 


I  '  I 

I   I 

i      I   I 


ao 


TREATY  OF  AMITY 


<^-t- 


be  ukcn  by  the  other  party,  it  is  hereby  declared  to  be  lawful  for  the 
faid  party  to  treat  and  punifli  the  faid  fubjedt  or  citizen,  having  fuch 
commiffion  or  letters  of  marque,  as  a  pirate. 

ARTICLE  XXII. 
It  is  exprefsly  ftipulated,  that  neither  of  the  faid  contracting  par- 
ties will  order  or  avtthorize  any  a^s  of  reprisal  againft  the  other,  on 
complainu  of  injuries  or  damages,  until  the  faid  party  (hall  iirft  have 
prefented  to  the  other  a  flatement  thereof,  verified  by  competent 
proof  and  evidence,  and  demanding  juftice  and  fatisfadlion,  and  the 
lame  (hall  either  have  been  refufed  or  unreafonably  delayed* 

ARTICLE  XXIIL 
The  (hips  of  war  of  each  of  the  contraAing  pardes  (hall  at  all 
times  be  hofpitably  received  .in  the  ports  of  the  other,  their  officers 
and  crews  paying  dt^efpeA  to  the  laws  and  government  of  the  coun- 
try. The  ofHcers  (hall  be  treated  with  that  refpedl  which  Is  due  to 
the  commidions  which  diey  bear,  and  if  any  infult  (hould  be  offered 
to  diem  by  any  of  the  inhabitants,  all  offenders  in  this  refpe«St  (hall 
be  puni(hed  as  didurbcrs  of  the  peace  and  amity  between  the  two 
countries. — ^And  his  Majefty  confents,  that  in  cafe  an  American 
vefTel  (hould,  by  ftrefs  of  weather,  danger  from  enemies  or  other  mif- 
fortunes,  be  reduced  to  the  neceffity  of  feeking  (helter  in  any  of  his 
Majefty's  ports,  into  which  fuch  veffel  could  not  in  an  ordinary  cafes 
claim  to  be  admitted,  (he  (hall,  on  manifefting  that  neceflity  to  the  fa- 
tis&ftion  of  the  government  of  the  place,  be  hofpitably  received  and 
permitted  to  refit,  and  to  purchafe  at  the  market  price,  fuch  neceffa- 
ries  as  (he  may  (land  in  need  of,  conformable  to  fuch  orders  and  re- 
gulations as  the  government  of  the  place,  having  refpedt  to  the  cir- 
cumftances  of  each  cafe,  (hall  prefcribe.  She  (hall  not  be  allowed  to 
break  bulk  or  unload  her  cargo,  unlefs  the  fame  (hall  be  bonajide  ne- 
cefTary  to  her  being  refitted.  Nor  (hall  (he  be  permitted  to  fell  any 
part  of  her  cargo,  unlefs  fo  much  only  as  may  be  necefTary  to  defray 
her  expences,  and  then  not  without  the  exprefs  permi(rion  of  the  go- 
vernment of  the  place.  Nor  (hall  (he  be  obliged  to  pay  any  duties 
whatever,  except  only  on  fuch  articles  as  (he  may  be  permitted  to  fell 
foe  the purpofe afbrefaid.    i       .  j.^vv  ;;:*,jn..   . ; -.  .^  ^  ,.,,    i     v, -j^ 

ARTICLE  XXIV.  "■■'■-  '  '■''■''■■^'-'-'-^ 
It  (hall  not  be  lawful  for  any  foreign  privateers  (not  being  fubjedls 
or  citizens  of  either  of  the  faid  parties)  who  have  commiflions  from 
any  other  prince  or  (tate  in  enmity  with  either  nation,  to  arm  their 
(hips  in  the  ports  of  either  of  th?  faid  parties,  nor  to  fell  what  they 
have  taken,  nor  in  any  manner  to  exchange  the  fame ;  nor  (hall  they 


WITH  HIS  BRITANNIC  MAJESTY. 


ai 


be  allowed  to  purchafo  more  provifions,  than  (hall  be  neceflary  for 
their  going  to  the  neareft  port  of  that  prince  or  ftatc  from  whom  they 
obtained  their  commiiGoni. 

ARTICLE    XXV. 

It  fliall  be  lawful  for  the  Hiips  of  war  and  privateers  belonging  to  the 
faid  parties  refpe^vely,  to  carry  whitheHbeTcr  they  pleafe,  the  (hips 
and  goods  taken  from  their  enemies,  without  being  obliged  to  pay 
any  fee  to  the  ofHcers  of  the  admiralty,  or  to  any  judges  whatever  ; 
nor  fliall  the  faid  prizes  when  they  arrive  at,  and  enter  the  ports  of 
the  faid  parties  be  detained  or  feized ;  neither  fliall  the  feardiers  or 
other  oflicers  of  thofe  places  viHt  fuch  prizes,  (except  for  the  purpofe 
of  preventing  the  carrying  of  any  part  of  the  cargo  thereof  on  fliore 
in  any  manner  contrary  to  the  eftabliflied  laws  of  revenue,  naviga- 
tion, or  commerce)  nor  fliall  fuch  officers  take  cognizance  of  the. 
validity  of  fuch  prizes  ;  but  they  fliall  be  at  ltbe{|y  to  hoifl  fail,  and 
depart  as  fpecdily  as  may  be,  and  carry  their  faid  prizes  to  the  place 
mentioned  in  their  commiflions  or  patents,  which  the  commanders  of 
the  faid  fliips  of  war  or  privateers  fliall  be  obliged  to  fliew.  No  fliel- 
teror  refuge  fliall  be  given  in  their  ports  to  fuch  as  have  made  a 
prize  upon  the  fubjedls  or  citizens  of  either  of  the  faid  parties  ;  but  if 
forced  by  ftrefs  of  weather,  or  the  danger  of  the  fea,  to  enter  therein, 
particular  care  (hall  be  taken  to  haften  their  departure,  and  to  caufe 
them  to  retire  as  foon  as  poflible.  Nothing  in  this  Treaty  contained 
fliall,  however,  be  conftrued  or  operate  contrary  to  former  and  exift- 
ing  public  treaties  with  other  fovereigns  or  ftates.  But  the  two  par- 
ties agree,  that  while  they  continue  in  amity,  neither  of  them  will, 
in  future,  make  any  Treaty  that  fliall  be  inconllftent  with  this  or  the 
preceding  article.  ,  ^ -, 

Neither  of  the  faid  parties  fliall  permit  the  fliips  or  goods  belong- 
ing to  the  fubjedls  or  citizens  of  the  other  to  be  taken  within  cannon 
fliot  of  the  coaft,  nor  in  any  of  the  bays,  ports,  or  rivers  of  their  ter- 
ritories by  fliips  of  v/ar,  or  others  having  commiilion  from  any  prince, 
republic,  or  Hate  whatever.  But  in  cafe  it  ftiould  fo  happen,  the 
party  whofe  territorial  rights  fliall  thus  have  bean  violated,  fliall  ufc 
his  utmoll  endeavours  to  obtain  from  the  offending  party,  full  and 
ample  fatisfliftion  for  the  veflel  or  veflel^  fo  taken,  whether  tlie  fame 
be  vefTels  of  war  or  merchant  vefTels.  i^.      :     .r,.H.«". 

ARTICLE  XXVL  '    / 

If,  at  any  time,  a  rapture  fhould  take  place  (which  God  forbid !) 

between  his  Majefty  and  the  United  States,  the   merchants  and 

others  of  each  of  the  two  nations,  refiding  in  the  dominions  of  the 

other,  ftiall  have  the  privilege  of  remaining  and  continuing  their  trade, 


r 

»■• 

t 

V 

r 

■A 


D 


\ 


M 


TREATY  OF  AMITY 


sf. 


fo  \ongA9  they  behare  peaceably  and  commit  no  offence  againft  the 
laws  ;  and  in  cafe  their  conduA  Oiould  render  them  fufpcAed*  and 
the  refpe(flive  governments  fliould  think  proper  to  order  them  to  re- 
move, the  term  of  twelve  months  from  the  publication  of  the  order, 
(hall  be  allov(ed  them  for  that  purpofe,  to  remove  with  their  families, 
ciFeAs  and  prlj^rty ;  but  this  fovour  (hail  not  be  extended  to  thofe 
who  (hall  adt'  contrary  to  the  e(tabH(hed  laws ;  and  for  greater  cer- 
tainty, it  is  declared  thatfuch  rupture  (hall  not  be  deemed  to  exift 
while  negociations  for  accommodating  differences  (hall  be  depending, 
nor  until  the  refpedHve  amba(radors  or  minifters,  if  fuch  there  (hall 
be,  (hall  be  recalled,  or  fent  home  on  account  of  fuch  differences, 
and  not  on  account  of  perfonal  mifconduA,  according  to  the  nature 
and  degrees  of  which  both  parties  retdn  their  rights,  either  to  requeft 
the  recal,  or  immedately  to  fend  home  the  amba(rador  or  minifter  of  , 
the  other ;  and  that  without  prejudice  to  their  mutual  friend(hip  and 
good  underftanding* 

ARTICLE   XXVII. 
It  is  further  agreed,  that  his  Majefty  and  Uie  United  States,  on 
mutual  requifitions,  by  them  refpedlively,  or  by  their  refpe£tive  mi- 
nifters  or  o({icers  authorized  to  make  the  fame,  will  deliver  up  to 
ju(Uce  all  perfons,  who,  being  charged  with  murder  or  forgery, 
committed  within  the  jurifdiAion  of  either,  (hall  feek  an  afylum 
within  any  of  the  countries  of  the  other,  provided  that  this  (hall  only 
be  dope  on  fuch  evidence  of  crimiifality  as,  according  to  the  laws  of 
the  jface,  where  the  fugitive  or  perfon  fo  charged  (hall  be  found, 
would  juftify  his  apprehenfion  and  commitment  for  trial,  if  the  of- 
fence had  there  been  committed.     The  expencc  of  fuch  apprehen- 
hen(ion  and  delivery  (hall  be  borne  and  definayed,  by  thofe  who  make 
the  requifition  and  receive  the  fugitive. 

ARTICLE    XXVIIL 

It  is  agreed,  that  the  (irft  ten  articles  of  this  Treaty  (hall  be  per- 
manent, and  that  the  fubfequent  articles,  except  ^e  twelfth,  (hall 
be  limited  in  their  duration  to  twelve  years,  to  be  computed  from  the 
day  on  which  the  ratifications  of  this  Treaty  (hall  be  exchanged,  but 
fubjeft  to  this  condition.  That  whereas  the  faid  twelfth  article  will 
expire,  by  the  limitation  therein  contained,  at  the  end  of  two  years 
from  the  (igning  the  preliminary  or  other  articles  of  peace,  which 
(hall  terminate  the  prefent  war  in  which  his  Majefty  is  engaged,  it  is 
agreed,  that  proper  meafures  (lull  by  concert  be  taken,  for  bringing 
the  fubjeift  of  that  article  into  amicable  treaty  and  difcdfion,  fo  early 
before  the  expiration  of  the  faid  term,  as  that  new  arrangements  oo 
that  head,  may  by  that  time  be  perfe^ed  and  ready  to  take  place. 


WITH  HIS  BRITANNIC  MAJESTY. 


»8 


be  per- 

rom  the 
ed,  bat 
de  will 
fo  yean 

vrhich 
ed»  it  is 
ringing 
fo  early 
lents  oa 

place. 


But  if  it  ihoul4  unfortunately  happen,  that  his  Majefty  and  the  United 
StateSf  fliould  not  be  able  to  agree  on  fuch  new  arrangements,  in 
that  cafe,  all  the  articles  of  this  Treaty,  except  the  firll  ten,  then  fhall 
ceafe  and  e^ire  together. 

LASTLY. 

This  Treaty,  when  the  fame  (hall  have  been  ratified  by  his  Ma- 
jefty,  and  by  the  Prefident  of  the  United  States,  by  and  with  the 
advice  and  confent  of  their  Senate,  and  the  refpedlive  ratifications 
mutually  exchanged,  (hall  be  binding  and  obligatory  on  his  Majcdyand 
on  the  faid  States,  and  (hall  be  by  them  refpedltively  executed,  and  ob- 
ferved,  with  punAuality  and  the  moft  fmcere  regard  to  good  faith ;  and 
whereas  it  will  be  expedient,  in  order  the  better  to  facilitate  intA 
courfe  and  obviate  difficulties,  that  other  articles  be  propofed  and  ad- 
ded to  this  Treaty,  which  articles,  from  want  of  time  and  other  cir- 
cumftances,  cannot  now  be  perfcAed — ^it  is  agreed,   that  the  faid 

••  parties  will,  from  time  to  time,  readily  treat  of  and  concerning  fuch 

.  articles,  and  will  (incerely  endeavour  fo  td  form  them,  as  that  they 

may  conduce  to  mutual  convenience,  and  tend  to  promote  mutual  fa- 

tisfa£tion  and  friend(hip ;  and  that  the  faid  articles,  after  having  been 

t  duly  ratified,  (hall  be  added  to,  and  make  a  part  of  tliis  Treaty.  In 
fiiith  whereof,  we,  the  underligned  Mini(iers  Plenipotentiary  of  his 
Majefty  the  King^f  Great  Britain,  and  the  United  States  of  America, 
havefigned  this  prefent  Treaty,  and  have  caufcd  to  be  a(!ixed  thereto 
the  leal  of  our  arms. 

Done  at  London,  this  nineteenth  day  of  November,  One 
Thottfand  Seven  Hundred  and  Ninety-four. 


GRENVILLE. 
JOHN  JAY. 


(Sea/.) 
(Seal.) 


■'  "^■..'^'^ 


-z 

2 

ri 

r. 
J. 

5:: 


s:*' 


y 


'•'■<*■■  **<#■ 


19  i' 


I  ' 


11 
.     liii 

!   M 


I   ' 


CONDITIONAL    RATIFICATION 
ON  THE  PART  OF  THE  UNITED  STATES. 


In  Senate,  ^um  24,  i795< 


RESOLVEDt  That  the  Senate  do  copfent  to,  an4  advife  the 
Prefident  of  the  United  States  to  ratify  the  Treaty  of  Amity,  Com- 
merce and  Navigation,  between  his  Britannic  Majefty  and  the  United 
States  of  America,  concluded  at  London,  the  19th  of  November, 
1794,  on  condition  that  there  be  added  to  the  ^aid  Treaty,  an  Ar- 
ticle, whereby  it  (hall  be  agreed  to  fufpend  the  operation  of  fo  mu(Ji 
of  the  1 2th  Article,  as  rdpedls  the  trade  which  his  faid  Majefty 
thereby  confents  may  be  carried  on  between  the  United  States  and 
his  iflands  in  the  Weft-Indies,  in  the  manner,  and  on  the  terms  and 
conditions  thefeit)^  ipecified. 

And  the  Senate  recommend  to  the  Prelidect,  to  proceed,  with- 
out delay,  to  further  friendly  negociatiohs  with  his  Majefty,  on  the 
fubjeA  of  the  faid  trade,  and  of  the  terms  and  conditions  i;| 
queftion. 


H 


m 


t^-fiiS'^ 


^ 


A  P  P  E  N  D  I  X. 


LETTER 

FROM  MR.  JEFFERSON    TO  MR.  HAMMOND. 


Philadelphia,  Sept.  5,  I794« 


s  I  R. 


I  AM  honoured  with  yours,  of  Auguft  30.  Miqe  of  the  7th 
of  that  month  afliired  you,  tha^  meafures  were  taken  for  excluding 
iron)  all  further  afylum  in  our  ports,  vefTels  armed  in  them  to  cruize 
on  nauons  with  which  we  are  at  peace,  and  for  the  reftoration  of  the 
prizes  the  Lovely  Lafs,  Prince  William  Henry,  and  the  Jane,  of 
Dublin ;  and  that  fliould  the  meafures  for  reftitution  fail  in  their  effeifl, 
the  Prelident  conddered  it  as  incumbent  on  the  United  States  to  make 
compenfation  for  the  reflels. 

We  are  bound,  by  our  treaties  with  three  of  the  belligerent  na-> 
.  fions,  by  all  the  means  in  our  power,  to  proted  and  defend  their 
.  yellels  and  eifedls  in  our  ports,  or  waters,  or  on  the  feas  near  ou^ 
(hores,  and  to  recover  and  reftore  the  fame  to  the  right  owners,  when 
taken  firom  them.  If  all  the  means  in  our  power  are  ufed,  and  fail 
in  their  effed,  we  are  not  bound^  by  our  treaties  with  thofe  nations, 
to  make  compenfation. 

Though  we  have  no  fimilar  treaty  with  Great  Britain,  it  was  tht 
opinion  of  the  Preiident,  that  we  fhould  uf^,  towards  that  nation,  the 
,  fame  rule,  which,  under  tliis  article,  was  to  govern  us  witli  the 
other  nations ;  and  even  to  extend  it  to  captures  made  on  the  high 
leas,,  and  brought  into  our  ports,  if  done  by  veflels  which  had  beea 
armed  within  them. 

Having,  for  particular  reafons,  forbore  to  ufe  all  the  means  in  our 
power  for  the  reftitution  of  the  three  veffcls  mentioned  in  my  letter 
of  Auguft  7th,  the  Prefident  thought  it  incumbent  on  the  United 
States  to  make  compenfation  for  them  ;  and  though  nothing  was  faid 
in  that  letter  of  other  vefTels,  taken  under  like  circumftances,  and 
brought  in  after  the  fifth  of  June,  and  before  the  date  of  that  letter, 
yet,  when  the  fame  forbearance  had  taken  place,  it  was,  and  is,  hit 
ppinion,  that  compenfation  would  be  equally  due. 

As  to  prizes  made  under  the  fame  circumltances,  and  brovght  in 
after  the  date  of  that  letter,  the  Prefident  determined  that  all  the 
means  in  our  power  fhould  be  ufed  for  their  reftitution.  If  thefe  fail, 
«s  we  ftiouljl  not  be  bound  by  our  treaties  to  make  compenfation  ti 
Other  powers  in  the  analogous  cafe,  he  did  not  mean  to  give  an  opi* 


I 


rt 


r 


i 


.x 


i;       'hi ■ 


11 


»6 


Mr.  JEFFERSON  TO  Mr.  HAMMOND. 


nion  that  it  ought  to  be  done  to  Great  Britain.  But  ftill,  if  any 
cafes  fhall  arife  fubfequent  to  that  date,  the  circumflances  of  which 
fliall  place  them  on  fimilar  ground  with  thofe  before  it,  the  Prefident 
would  think  compenfation  equally  incumbent  on  the  United  States. 

Inilruflions  are  given  to  the  governors  of  the  different  ftates,  to  ufe 
all  the  means  in  their  power  for  reftoring  prizes  of  this  laft  defcrip- 
tion  found  within  their  ports.  Though  ^ey  vrill  of  courfe  take  mea- 
fures  to  be  informed  of  them,  and  the  general  government  has  given 
them  the  aid  of  the  cuftom-houfe  officers  for  this  purpofe  ;  yet  you  will 
be  fenfible  of  the  importance  of  multiplying  the  channels  of  their  infor- 
inauon  as  far  as  fhall  depend  on  yourfelf,  or  any  other  perfon  under 
your  direction,  in  order  that  the  governors  may  ufe  the  means  in 
their  power  for  making  reflitution. 

Without  knowledge  of  the  capture,  they  cannot  reftore  it.  It  will 
always  be  beft  to  give  the  notice  to  them  directly  ;  but  any  informa- 
tion whidi  you  fhall  be  {Jeafed  to  fend  to  me,  alfo,  at  any  time,  fhall 
be  forwarded  to  them  as  quickly  as  diflance  will  permit. 

Hence  you  will  perceive.  Sir,  that  the  Prefident  contemplates  re- 
'ftitqj^on  or  compenfation  in  the  cafes  before  the  7th  of  Augufl ;  and, 
after  that  date,  refHtution  if  it  can  be  efFeded  by  any  means  in  our 
power.  And  that  it  will  be  important  that  you  fhould  fubflantiate 
the  h€t,  that  fuch  prizes  are  in  our  ports  or  waters. 

Your  liA  of  the  privateers  illicitly  armed  in  our  ports,  is,  I  be> 
lieve,  correft. 

With  refpeA  to  lofles  by  detention,  wafte,  fpoliation  fufldned  by 
treiTels  taken  as  before  mentioned,  between  the  dates  of  June  5th  and 
Augi^  7th,  it  is  propofed  as  a  provifional  meafure,  that  the  coUeAor 
of  £e  cuftoms  of  the  (Uftrift,  and  the  Britifh  conful,  or  any  other  per- 
fon you  pleafe,  fhall  appoint  perfons  to  eflablifh  die  value  of  the  vefTel 
and  cargo,  at  the  time  of  her  capture  and  of  her  arrival  in  the  port 
into  which  fhe  is  brought,  according  to  then:  value  in  that  port.  If 
this  fhall  be  agreeable  to  you,  and  you  will  be  pleafed  to  fignify  it 
to  me,  with  the  names  of  tne  prizes  underflood  to  be  of  this  defcrip- 
tion,  inflrudions  will  be  given  accordingly,  to  the  collectors  of  the 
^ufloms  where  the  refpedtive  vefTels  are. 

I  have  the  honour  to  be,  &c.  r       '   / 

(Signed)  THOMAS  JEFFERSON, 

Ceo.  Hammqwd,  Efq, 


«. » 


m's^-. 


y 


y 


Mr.  BURR'8  motion. 


WHILST  the  Treaty  tutu  nnier  dtfcujjim  m  the  Senate^  the  f allowing 
fropojitions  were  brought  forward^  and  rtJj^Sfully  offered  at  Subftu 
tutet  to  the  refilution  of  Ratification,  which  ultimately  frevaikd^ 


;«i  MR.  burr's  motion. 

THAT  the  further  conddertion  of  the  Treaty  concluded  at  Lon- 
don the  19th  of  November,  1794,  bepoftponed;  and  that  it  be 
recommended  to  the  Prefident  of  the  United  States  to  proceed  with- 
out delay,  to  further  fi-iendly  negociation  with  his  Britannic  Majeiiry, 
in  order  to  efTedb  alterations  in  the  fud  Treaty,  in  the  following  par- 
ticulars : 

That  the  9th  loth  and  24th  Articles,  and  fo  much  of  the  25th 
as  relates  to  the  flielter  or  refuge,  to  be  given  to  the  armed  veflels  of 
ftates  or  fovereigns  at  war  with  either  party,  be  expunged. 

2d  Art.  That  no  privilege  or  right  be  allowed  to  the  (ettlers  or 
traders  mentioned  in  the  2d  Article,  other  than  thofe  which  are  fe- 
cured  to  them  by  the  Treaty  of  1783,  and  exilting  laws. 

3d  Art.  That  the  3d  Article  be  expunged,  or  fo  modified  that 
the  citizens  of  the  United  States  may  have  the  ufe  of  a// rivers,  ports 
and  places  within  the  territories  of  his  Britannic  Majefty  in  North- 
America,  in  the  fame  manner  as  his  fubje<5ls  may  have  of  diofe  of  the 
United  Sutes. 

6th  Art.  That  the  value  of  the  negroes  and  othet  property,  car- 
ried away  contrary  to  the  7th  article  of  the  Treaty  of  1783,  and 
the  loft  and  damages  fu/lained  by  the  United  States  by  thedetention  of  the 
pojlst  be  paid  for  by  the  Britifh  government :  the  amount  to  be  a£<' 
certained  by  the  Commiffioners  who  may  be  appointed  to  liquidate 
the  claims  of  the  British  creditors. 

1 2th  Art.  That  what  relates  to  the  Weft-India  trade,  and  the 
provifos  and  conditions  thereof  in  the  1 2th  article,  be  expunged,  or 
be  rendered  much  more  favourable  to  the  United  States,  and  with- 
out any  reftraint  on  the  exportation  in  veflels  of  the  United  States, 
of  any  articles,  not  the  growth,  produce  or  manufafture  of  the 
faid  iflandsof  his  Britannic  Majefty. 

15  th  Art.  That  no  claufe  be  admitted  which  may  refttain  tho 
United  States  fi-om  reciprocating  benefit?  by  difcriminating  between 
foreign  nations  in  their  commercial  arrangements,  or  prevent  then) 
from  increafing  the  tonnage,  or  other  duties  on  Britifh  veflels,  09 
terms  of  reciprocity,  or  in  a  ftipulated  ratio. 

21ft  Art.  That  the  fubje<5ts  or  citizens  of  either  party,  be  not  rc- 
ftrained  from  accepting  commiiSons  in  the  army  or  navy  of  any  fo- 
reign power. 


*>  •  ■ 


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Mr.  TAZEWELL'S  MOTION. 


THAT  the  Prcfident  of  the  United  States  be  informed,  that  the 
Senate  will  not  confent  to  the  ratification  of  the  Treaty  of  Amity, 
Commerce  and  Navigation,  between  the  United  States  and  his  Bri-^ 
tannic  Majefly,  concluded  at  London  on  the  19th  of  November, 
1 794,  for  the  reafons  following — 

1.  Becaufe  fo  much  of  the  Treaty  as  was  intended  to  terminate 
the  complaints,  flowing  from  the  inexecution  of  the  Treaty  of  1783, 
contains  ftipulations  that  were  not  rightfully  or  juftly  requirable  of 
the  United  States,  and  wi  ich  are  both  impolitic  and  injurious  to 
their  intereft ;  and  becaufe  he  Treaty  hath  not  fecured  that  fatisfac- 
tion  from  the  Britifli  govern  lent,  for  tlie  removal  of  negroes,  in  vio-' 
lation  of  the  Treaty  of  1 783,  to  which  the  citizens  of  the  United 
States  were  juiUy  entitled. 

2.  Becaufe  the  rights  of  individual  States  are  by  the  9th  article  of 
the  Treaty,  unconftitutionally  invaded. 

3.  Becaufe,  however  impolitic  or  unjuft  it  may  generally  be,  to 
exercife  the  power  prohibited  by  the  loth  article,  yet  it  reus  on  le-. 
giflative  difcretion,  and  ought  not  to  be  prohibited  by  Treaty. 

4.  Becaufe  fo  much  of  the  Treaty,  as  relates  to  commercial  ar« 
rangements  between  the  parties,  wants  that  reciprocity,  upon  which  ■ 
alone,  fuch  like  arrangements  ought  to  be  founded,  and  will  operate, 
ruinoufly  to  the  American  commerce  and  navigation. 

5.  Becaufe  the  Treaty  prevents  the  United  States  from  the  exer* 
cife  of  that  controul  over  their  commerce  and  navigation,  as  connect* 
ed  with  other  nntions,  which  might  better  the  condition  of  their  in- 
tercourfe  with  friendly  nations. 

6.  Becaule  the  Treaty  alTerts  a  power  in  tlie  Preddent  and  Senate, 
to  controul  and  even  annihilate  the  conftitutional  right  of  the  Cota- 
grefs  of  the  United  States,  over  their  commercial  intercourfe  with 
foreign  nations. 

7.  Becaufe,  if  the  conftrudtion  of  this  Treaty  fliould  not  produce 
an  infraftion  of  the  treaties  now  fubfifting  between  the  United  States 
and  their  allies,  it  is  calculated  to  excite  fenfations,  which  may  not 
operate  beneficially  to  the  United  States. 

Notwithflanding  the  Senate  will  not  confent  to  the  ratification  of 
this  Treaty,  they  adviie  the  Prefident  of  the  United  States  to  continue 
his  endeavours  by  friendly  dlfcuflion  with  his  Britannic  Majefty,  to 
adjuft  all  the  real  caufes  of  complaint  between  the  two  nations. 

Thefe  propofitions  were  both  rejected  by  a  vote  of  20  to  10.  We 
are  informed  that  the  members  who  voted  in  the  affirmative  were, 

Brown,  Bloodwortht  Burr,  Butler,  jfacltfon,  Langdon,  Martin^ 
Mafon,  Robinfon,  and  Tazewell.  i.' 

In  the  negative,  '\ 

S'ttigham,  Bradford,  Cabot,  Eifworth,  FrcUnghi:xfen,  Fojter,  Gunttf 
Henry,  King,  Latimer,  Paine,  Potts,  Read,  Rofs,  Kutherfordt  Strong, 
Trumbull,  P'inlng,  Llvtrmore,  and  MarJbalL 


[     *9    ] 


TREATT  of  Amity  and  Commerce  be- 
tween his  Mojl  Chrijiian  Majejly^  and 
the  thirteen  United  States  of  America. 


hichi 
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rang, 


THE  moft  Giriflian  King,  and  the  thirteen  United  States  of 
'  North  America,  to  w//,  New-Hampfliire,  Maflachufetts-bay, 
Rhode*Ifland,  Conne<fticut,  New-Yoric,  New-Jerfey,  Pennfylvania, 
Delaware,  Maryland,  Virginia,  North-Carolina,  South-Carolina,  and 
Georgia,  willmg  to  fix,  in  an  equitable  and  permanent  manner,  the 
rules  which  ought  to  be  followed  relative  to  the  correljwndence  and 
commerce  which  the  two  parties  defire  to  eftabliih  between  tlieir  re- 
fpeftive  countries,  ftates,  and  fubje(5ls  ;  his  Moft  Chriftian  Majedy, 
and  the  faid  United  States,  have  judged,  that  the  faid  end  could  not 
be  better  obtained,  than  by  taking  for  the  bafis  of  their  Agreement, 
the  moft  pcrfedl  equality  and  reciprocity,  and  by  carefully  avoiding 
all  thofe  burdenfome  preferences,  which  are  ufually  fources  of  debate, 
embarralTrtient,  and  difcontent — ^by  leaving  alfo  each  party  at  liberty 
to  make,  refpefting  commerce  and  navigation,  thofe  interior  regula- 
tions, which  it  Ihall  find  moft  convenient  to  itfelf — and  by  founding 
the  advantage  of  commerce  folely  upon  reciprocal  utility,  and  the  juft 
rules  of  free  ihtercourfe — referving  withal,  to  each  party,  the  liberty  of 
admitting,  at  its  pleafure,  other  nations  to  a  participation  of  the  fame, 
advantages.  It  is  in  the  fpirit  of  this  intention,  and  to  fulfil  thefe 
views,  that  his  faid  Majefty  having  named  and  appointed  for  his  Ple- 
nipotentiary, Conrod  Alexander  Gerard,  royal  fyndic  of  the' city  of 
Straftjourg,  fecretary  of  his  Majeftv's  council  of  ftate — -and  the  Uni- 
ted States  on  their  part,  having  fully  empowered  Bentamin  Franklin, 
deputy  from  the  ftate  of  Pennfylvania  to  the  general  Congrefs,  and 
prefident  to  the  convention  of  faid  ftate — Silas  Deane,  late  deputy 
from  the  ftate  of  Connefticiit,  to  the  faid  Congrefs — and  Arthur 
Lee,  counfellorat  law:,  the  faid  refpcftive  plenipotentiaries,  after 
exchanging  their  powers,  and  after  mature  deliberation,  have  con- 
cluded and  agreed  upon  the  following  articles  : 

Art.  I.  THERE  ftiall  be  a  firm,  inviolable,  and  univerfal  peace, 
and  a  true  and  fmcere  friendfhip,  between  the  Moft  Chriftian  Kinjr, 
his  heirs  and  fucceflbrs,  and  the  United  Spates  of  America,  aad  the 
fubjefts  of  the  Moft  Chriftian  King,  and  of  the  faid  ftates,  and  be- 
tween .the  countries,  iflands,  cities,  and  towns,  (ituate  under  the 
jurifdl^ion  of  the  Moft  Chriftian  King,  and  of  the  faid  United  States, 
people  and  inhabitants  of  every  degree,  without  exception  of 
|or  places,  and  the  terms  herein  after  mentioned,  fliall  be  per- 
'  between  the  Moft  Chriftian  King,  his  heirs,  and  fucccftbrs, 

1^  f^d  United  States, 


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50       TREATY  OF  AMITY  AND  COMMERCE 

II.  The  Mbft  Chriftian  King,  and  the  United  States,  engage 
mutually  not  to  grant  any  particular  favour  to  other  nations,  in  re> 
fpedl  of  commerce  and  navigation,  which  (hall  not  immediately  be- 
come common  to  the  other  party,  who  ftiall  enjoy  the  fame  favour 
freely,  if  the  conceffion  was  n-eely  made— or  on  allowing  the  fame 
compenfation,  if  the  conceifion  was  conditional. 

III.  The  fubjeds  of  the  Mofl  Chriftian  King,  fhall  pay  in  the 
ports,  havens,  roads,  countries,  illands,  cities,  or  towns  of  the  United 
States,  or  any  of  them,  no  other  or  greater  duties  or  impofts,  of  what 
nature  foever  they  may  be,  or  by  what  name  foever  called,  than  thofe 
which  the  nations  mod  favoured  are  or  (hall  be  obliged  to  pay  :  and  , 
they  (hall  enjoy  all  the  rights,  liberties,  privileges,  immunities,  and 
exemptions  in  trade,  navigation  and  commerce,  whether  in  pading 
from  one  port  in  the  faid  itates  to  another,  or  in  going  to  and  fron^ 
the  fame,  from  and  to  any  part  of  the  world,  which  the  faid  nation!  , 
do  or  (hall  enjoy. 

IV.  The  fubjeds,  people,  and  inhabitants  of  the  faid  United 
States,  and  each  of  them,  (hall  not  pay  in  the  ports,  havens,  roadsi 
ifies,  cities,  and  places,  under  the  domination  of  his  Moft  Chriftian 
Majefty  in  Europe,  any  other  or  greater  duties  or  impofts,  of  what 
nature  foever  they  may  be,  or  by  what  name  foever  called,  than  thofe 
which  the  moft  favoured  nations  are  or  (hall  be  obliged  to  pay :  and 
they  (hall  enidy  all  the  rights,  liberties,  privileges^  immunities,  and 
exemptions  m  trade,  navigation,  and  commerce,  whether  in  pafling 
l^om  one  port  in  the  faid  dominions  in  Europe,  to  another,  or  in  go- 
ing  to  and  from  the  fame,  from  and  to  any  part  of  the  ^orldj  which 
the  faid  nations  do  or  (hall  enjoy. 

V.  In  the  above  exemption  is  particularly  comprifed  the  impofi* 
tion  of  one  hundred  fols  per  ton,  eftablifhed  in  France  on  foreign 
(hips-,  unlefs  when  the  (hips  of  the  United  States  fhall  load  with  the 
merchandiTe  of  France,  for  another  port  of  the  fame  dominion  :  in 
which  cafe,  the  faid  (hips  (hall  pay  the  duty  above  mentioned,  fo 
long  as  other  nations  the  moft  favoured  (hall  be  obliged  to  pa)  it :  but 
it  is  underftood,  that  the  faid  United  States,  or  any  of  them,  are  at 
liberty,  when  they  (hall  judge  it  proper,  to  eftablifh  a  duty  equivalent 
in  the  fame  cafe. 

VI.  The  Moft  Chriftian  King  (hall  endeavour,  by  all  the  means 
in  his  power,  to  protect  and  defend  all  ve(rels,  and  the  effedls,  be- 
longing to  the  fubje(5ls,  people,  or  inhabitants  of  the  faid  United 
States,  or  any  of  theni,  being  in  his  ports,  havens  or  roads,  or  on 
the  feas  near  to  his  countries,  iflands,  cities  or  towns ;  and  to  recover 
and  reftore  to  the  right  owners,  their  agents,  or  attornies,  all  fuch 
ve(re]s  and  effedts,  which  (hall  be  taken  within  his  jurifdidlion :  and 
the  (hips  of  war  of  his  Moft  Chriftian  Majefty,  or  any  convoy  fail- 
ing under  his  authority,  (hall,  upon  all  occadons,  take  under  their 
protection,  all  veffeh  belonging  to  the  fubjedls,  people,  or  inhabi-' 
tants  of  the  faid  United  States,  or  any  of  them,  and  holding  the 
fame  courfe,  or  going  the  fame  way,  and  ftiall  defend  fuch  veflels  as 
long  as  they  hold  the  fame  courfe,  or  go  the  fame  way,  agaibft  all 


WITH  HIS  MOST  CHRISTIAN  MAJESTY.        31 

attackst  force»  and  violence,  in  the  fame  manner  as  they  ought  to 
proteA  and  defend  the  veflels  belonging  to  the  fubjeAs  of  the  Mod 
Chriftian  King. 

VII.  In  like  manner  the  faid  United  States,  and  their  (hips  of  war 
failing  under  their  authority,  (hall  protect  and  defend,  conformably 
to  the  tenor  of  the  preceding  article,  all  the  veifels  and  effects  be> 
longing  to  the  fubjefts  of  the  Moll  Chriftian  King,  and  ufe  all  their  en- 
deavours to  recover,  and  caufe  to  be  reftored,  the  faid  veflels  and  ef- 
fedtsthatfliall  have  been  taken  within  the  jurifdit^ion  of  the  faid  United 
States,  or  any  of  them. 

VIII.  The  Mod  Chriftian  King  will  employ  his  good  offices  and 
interpofition  with  the  King  or  Emperor  of  Morocco  or  Fez — the 
Regencies  of  Algiers,  Tunis,  and  Tripoli,  or  with  any  of  them — and 
alfo  with  every  other  prince,  ftate,  or  power,  of  the  coaft  of  Barbary 
in  Africa— and  the  fubjeds  of  the  faid  king,  emperor,  ftatvs,  and 
power9,  and  each  of  them,  in  order  to  provide,  as  fully  and  efficaci- 
oufly  as  poffible,  for  the  benefit,  conveniency,  and  fafety  of  the  Uni- 
ted States,  and  each  of  them,  their  fubjeds,  people,  and  inhabitants, 
and  their  veflels  and  effedts,  againft  all  violence,  infult,  attacks,  or  de- 
predations, on  the  part  of  the  faid  princes  and  dates  of  Barbary,  of 
their  fubjeAs. 

IX.  The  fubjedts,  inhabitants,  mercliants,  commanders  of  iliips, 
mailers,  and  mariners  of  the  dates,  provinces,  and  dominions  of  each 
refpedlively,  ihall  abftain  and  forbear  to  fifli  in  all  places  poflefled,  or 
which  (hall  be  pofleflTed  by  the  other  party.  The  Mod  Chridian 
King's  fubjefts  (hall  not  fifh  in  the  havens,  bays,  creeks,  roads,  cdads, 
or  places,  which  the  faid  United  States  hold,  or  fliall  hereafter  hold: 
and  in  like  manner,  the  fubjeAs,  people,  and  inhabitants  of  the  faid 
United  States,  fliall  not  iifl)  in  the  havens,  bays,  creeks,  roads,  coads, 
or  places,  which  the  Mod  Chridian  King  pofleflTes,  or  fliall  hereafter 
poflefs :  and  if  any  (hip  or  veflel  fliall  be  found  fifliing,  contrary  to 
the  tenor  of  this  Treaty,  the  faid  fliip  or  vefliel  with  its  lading  (proof 
being  made  thereof)  fliall  be  confifcated :  it  is,  however,  underdood 
that  the  excluflon  dipul<»ted  in  the  prefent  article,  fliall  take  place 
only  fo  long  and  fo  far,  as  the  Mod  Chridian  F'ng  or  the  United 
States  fliall  not,  in  this  refpedl,  have  granted  an  exemption  to  fome 
other  nation. 

'     X.  The  United  States,  their  citizens  and  inhabitants,  fliall  never 

didurb  the  fubjeifls  of  the  Mod  Chridian  King,  in  the  enjoyment  and 

exercife  of  the  right  of  fifliing  on  the  banks  of  Newfoundland — ^nor 

in  the  indefinite  and  excluflve  right  which  belongs  to  them  on  that 

part  of  the  coad  of  that  ifland,  which  is  defigned  by  the  treaty  of 

Utrecht — nor  in  the  rights  relative  to  all  and  each  of  the  ifles,  which 

belong  to  his  Mod  Chridian  Majedy,  the  whole  conformable  to  the 

true  fenfe  of  the  treaties  of  Utrecht  and  Paris. 

i     XI.  The  fubje(fls  and  inhabitants  of  the  faid  United  States,  or  any 

of  them,  (hall  not  be  reputed  aubains  in  France ;  and  confequently 

fliall  be  exempted  from  the  droit  <i*aul>awe,  or  other  llmilar  duty, 

^tinder  what  name  foever.     They  may,  by  tedament,  donation,  or 

^9therwife,  difpofe  of  their  goods,  moveable  and  immoveable,  in  fa. 


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St       TREATY  OF  AMITY  AND  COMMERCE 

your  of  fuch  perfons  as  to  them  Hiall  feem  good ;  and  their  heirs, 
fubjeAs  of  the  faid  United  States,  refiding  whether  in  France  or 
elfewhere,  may  fucceed  them,  at  inteflat^  without  being  obliged  to 
obtain  letters  of  naturalization,  and  without  having  the  t9t&.  of  this 
conceffion  contefted  or  impeded,  under  pretext  of  any  rights  or  pre< 
TOgatives  of  provinces,  cities,  or  private  perfons.  And  the  faid  heirs, 
whether  fuch  by  particular  title,  or  ab  iiitejlatt  A^^l  be  exempt  from 
all  duty  called  droit  de  detradiotit  or  other  duty  of  the  fame  kind  ; 
faring  neverthclcfs  the  local  rights  or  duties,  as  much  and  as  long  as 
fmiilar  ones  are  not  eAabliflied  by  the  United  States,  or  any  of  them. 
The'fubjedts  of  the  Moll  Chriliian  king  {hall  enjoy  on  their  part,  in  all 
the  dominions  of  the  faid  States,  an  entire  and  perfeA  reciprocity,  re- 
lative to  the  ftipulutions  contained  in  the  prefent  article :  but  it  is  at 
the  fame  time  agreed,  that  its  contents  (ball  not  afTeA  the  laws  made, 
or  that  may  be  made  hereafter  in  France,  againft  emigrations,  which 
fhall  remain  in  all  their  force  and  vigour  :  and  the  United  States 
on  their  part,  or  any  of  them,  fhall  be' at  liberty  to  enadl  fuch  laws, 
relative  to  that  matter,  as  to  them  (hall  feem  proper. 

XII.  The  merchant-ftiips  of  eitlier  of  the  parties,  which  (hall  be 
making  into  a  port  belonging  to  the  enemy  of  the  other  ally,  and 
concerning  whofe  voyage,  and  the  fpecies  of  goods  on  board  her, 
there  fhall  be  juft  giounds,of  fufpicion,  fhall  be  obliged  to  exhibit,  as 
well  upon  the  high  feas,  as  in  the  ports  and  havens,  not  only  her 
pafTports,  but  likewife  certificates,  exprefsly  fhewing  that  her  goods 
are  not  of  the  number  of  thofe  which  have  been  prohibited  as  contra- 
band. 

XIII.  If,  by  the  exhibiting  of  the  above>faid  certificates,  the 
other  party  difcover  there  are  any  of  thofe  forts  of  goods  which  are 
prohibited  and  declared  contraband,  and  configned  for  a  port  under 
the  obedience  of  his  enemies,  it  fhall  not  be  lawful  to  break  up  the 
hatches  of  fuc.  fliip,  or  to  open  any  chefh,  coffers,  packs,  cafks,  or 
any  other  vefTeis  found  therein,  or  to  remove  the  fmallell  parcels  of 
her  goods,  whether  fuch  fhip  belongs  to  the  fubjeds  of  France,  or 
the  inhabitants  of  the  faid  United  States,  unlefs  the  lading  be  brought 
on  fhore,  in  the  prefence  of  the  officers  of  the  court  of  admiralty,  and 
an  inventory  thereof  made :  but  there  fhall  be  no  allowance  to  fell, 
exchange,  or  alienate  the  fame  in  any  manner,  until  after  that  due 
and  lawful  procefs  fhall  have  been  had  againfl  fuch  prohibited  goods, 
and  the  court  of  admiralty  fhall,  by  a  fentence  pronounced,  have 
confifcated  the  fame ;  laving  always  as  well  the  fhip  itfelf,  as  any 
other  goods  found  therein,  which  by  this  Treaty  are  to  be  efteemed 
free  :  neither  may  they  be  detained  on  pretence  of  their  being  as  it 
were  infeded  by  the  prohibited  goods  ;  much  lefs  fhall  they  be  con- 
fifcated as  lawful  prize :  but  if  not  the  whole  cargo,  but  only  part 
theicof  fhall  confill  of  prohibited  or  contraband  goods,  and  the  com- 
mander of  the  fhip  fhall  be  ready  and  willing  to  deliver  them  to  the 
eaptor,  who  haa  difcovercd  them,  in  fuch  cafe  the  captor  having 
received  tfao^e  goods,  fhall  forthwith  difcharge  the  fhip,  and  not 
hinder  her  by  any  means  freely  to  profecute  the  voyrge  on  which 
fhe  v.as  bound ;  but  in  cafe  the   contraband  merchandifes  cannot 


WITH  HIS  MOST  CHRISTIAN  MAJESTY.      33 

\te  all  received  on  board  the  veflel  of  the  captor,  then  the  captor  may, 
DOtwithftanditig  the  offer  of  delivering  him  the  contraband  gooiu, 
carry  the  veitel  into  the  neareft  port,  agreeable  to  what  is  above 
directed. 

XIV.  On  the  contrary,  it  is  agreed,  that  whatever  fliall  be  fonnd 
to  be  laden  by  the  fubjedls  and  inhabitants  of  either  party  on  any  (hip 
belonging  to  the  enemies  of  the  other,  or  to  their  fubjeds,  the  whole, 
although  it  be  not  of  the  fort  of  prohibited  goods,  may  be  confifcated 
in  the  fame  manner  as  if  it  belonged  to  the  enemy,  except  fvich  goods 
and  merchandifes  as  were  put  on  board  fuch  fhip  before  the  declara- 
tion of  war,  or  even  after  luch  declaration  if  fo  be  it  were  done  with- 
out knowledge  of  fuch  declaration  :  fo  that  the  goods  of  the  fubjeAs 
and  people  of  either  party,  whether  they  be  of  the  nature  of  fuch  as 
are  prohibited  or  otherwife,  which,  as  is  aforefaid,  were  put  on 
board  any  (hip  belonging  to  an  enemy  before  the  war,  or  after  the  de- 
claration of  the  fame,  without  the  knowledge  of  it,  (hall  no  ways  be 
liable  to  confifcation,  but  (hall  well  and  truly  be  reAored  without 
delay  to  the  proprietors  demanding  the  fame ;  but  fo  as  that  if  the 
faid  merchandifes  be  contraband,  it  (hiUl  riot  be  any-ways  lawful  to 
carry  them  afterwards  to  any  ports  belonging  to  the  enemy.  The 
two  contraAing  parties  agree,  that  the  term  of ,  two  months  being 
fzffed  after  the  ('cclaration  of  war,  their  refpe(5live  fubjedts,  from 
whatever  part  of  the  world  they  come,  (hall  not  plead  the  ignorance 
mentioned  in  this  article. 

XV.  And  that  more  efFeftual  care  may  be  taken  for  the  fecurity 
of  the  fubjefls  and  inhabitants  of  both  parties,  that  they  fuffer  no  in- 
jury by  the  men  of  war  or  privateers  of  the  other  party,  all  the  com- 
manders of  the  flips  of  his  Moll  Chriftian  Majefty  and  of  the  faid 
United  States,  and  all  their  fubjedls  and  inhabitants,  (hall  be  forbid- 
den doing  any  injury  or  damage  to  the  other  (ide  ;  and  if  they  i&  to 
the  contrary,  they  (hall  be  puniftied  :  and  (hall  moreover  be  bound  to 
make  fatisfaftion  for  all  matter  of  damage,  and  the  intcreft  thereof, 
by  reparation,  under  the  pain  and  obligation  of  their  perfon  and 
goods. 

XVI.  All  (hips  and  merchandifes,  of  what  nature  foever,  which 
(hall  be.refcued  out  of  the  hands  of  any  pirates  or  robbers  on  the  high 
feas,  (hall  be  brought  into  fome  port  of  either  (late,  and  (hall  be  deli- 
vered to  the  cuftody  of  the  officers  of  that  port,  in  order  to  be  re- 
flored  entire  to  the  true  proprietor,  as  foon  as  due  and  fulficicnt 
proof  (hall  be  made  concerning  the  property  thereof. 

XVII.  It  (hall  be  lawful  for  the  (hips  of  war  of  cither  party,  and 
privateers,  freely  to  carry,  whitherfoever  they  pleafe,  the  (liips  and 
goods  taken  from  their  enemies,  without  being  obliged  to  pay  any 
duty  to  the  officers  of  the  admiralty,  or  any  other  judges :  nor  (hall 
fuch  prizes  be  arrcftcd  or  feized,  when  they  come  to  and  enter  the 
ports  of  either  party  :  nor  (hall  the  fearchers  or  other  officers  of  thofe 
places  fearch  the  (ame,  or  make  examination  concerning  the  lawful- 
nefs  of  the  prizes  :  but  they  may  hoiU  fail  at  any  tinif,  and  depart, 
and  carry  their  prizes  to  the  places  exprcfTed  in  their  commifllons, 
which  the  commanders  of  fuch  (liips  cf  war  (hall  be  obliged  to  (hew: 


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34       TREATY  OF  AMITY  AND  COMMERCE 

on  the  contrary,  no  Oielter  or  refuge  (hall  be  given  in  their  ports  to 
fuch  as  ihall  have  made  prize  of  the  fubyeAsi  people,  or  property  of 
either  of  the  parties  }  but  jif/udh  (hall  come  in,  bemg  forced  by  (trefi 
of  weather,  or  the  danger  of  t/ie  fca,  all  proper  means  (hall  be  vigq- 
roufly  ufed,  that  they  go  oi^  and  retire  from  thence  a^  foon  w 
po(Hble.  -      ^ 

XVIII.  If  any  (hip,  belonging  to  either  of  the  parties,  their  peo- 
people,  or  fubjeifls,  (hall,  within  the  coafts  or  dominions  of  the  other, 
uiok  upon  the  fands,  or  be  wrecked,  or  fyxScr  any  other  damage- 
all  friendly  alHftance  and  reli^  (hall  be  given  to  the  pcrfons  (hip- 
wrecked,  or  fuch  as  (hall  be  in  danger  thereof.  And  letters  of  fafe- 
conduA  (hall  likewife  be  given  to  them,  for  their  iiree  and  quiet  paf- 
fage  firpm  thence,  and  the  return  of  every  one  to  his  own  counury. 

XIX.  In  cafe  the  fubjedts  and  inhabitants  of  either  party,  with 
their  (hipping,  whether  public  and  of  war,  or  private  and  of  merchanti, 
hfi  forced  through  Urth  of  weather,  purfuit  of  pirates,  or  enemies, 
or  any  other  urgent  ncceflity  fqr  feekipg  of  (helter  and  harbour,  to 
retreat  and  enter  into  any  of  the  rivers,  ^ys,  roads,  or  ports  belong- 
ing to  the  other  party,  they  (hall  be  received  and  treated  with  a|l 
humanity  and  kindnels,  and  enjoy  all  friendly  prqteAion  and  help  : 
and  they  (hall  be  permitted  to  refre(h  and  provide  themfelves,  at  rea- 
fonable  rates,  with  viftuals,  and  all  things  needful  for  the  fuftenance 
of  their  perfons,  or  reparation  of  their  (hips,  and  conveniency  of  their 
voyage :  and  they  (hall  no  ways  be  detained  or  hindered  from  return- 
ing out  of  the  faid  ports  or  roads,  but  may  remove  and  depart,  when, 
and  whither  they  pleafe,  without  any  let  or  hinderance. 

XX.  For  the  better  promoting  of  commerce  on  both  (ides,  it  is 
agreed,  that  if  a  war  (hall  break  out  between  the  faid  tv''-.  nations, 
fix  months  after  the  proclamation  of  war,  (hall  be  allowed  to  the 
merchants,  in  the  cities  and  towns  where  they  live,  for  felling  and 
tran(porting  their  goods  and  merdbandifes ;  and,  if  any  thing  be 
taken  from  them,  or  any  injury  be  done  them  within  that  term,  by 
either  party,  or  the  people  or  lubjef ts  of  either,  full  fausfadtion  (hall 
be  made  for  the  fame. 

'.:  XXI.  No  fubjedts  of  the  Moft  Chriftian  King  (hall  apply  for,  or 
take  any  commi(hon  or  letters  of  marque,  for  arming  any  (hip  or  (hips 
to  aift  as  privateers  againft  the  faid  United  States,  or  any  of  them,  or 
againft  the  fubjedls,  people,  or  inhabitants  of  the  faid  United  States,  or 
any  of  them,  or  againft  the  property  of  any  of  the  inhabitants  of  any 
of  them,  from  any  prince  or  (tate  with  which  the  faid  United  Sutes 
/hall  be  at  war :  nor  (hall  any  citizen,  fubje^,  or  inhabitant  (^  the  faid 
United  States,  or  any  of  them,  apply  for,  or  take  any  commilSon  or 
letters  of  marque,  for  arming  any  (hip  or  (hips,  to  adl  as  privateers 
againft  the  fubjeAs  of  the  Moft  Chriftian  King,  or  any  of  them,  or  the 
property  of  any  of  them,  fi-om  any  prince  or  ftate  with  which  the  faid 
king  (hall  be  at  jvar  :  and  if  any  perfon  of  either  nation  (hall  take  fuch 
coromiflions  or  letters  of  marque,  he  (ball  be  puni(hed  as  a  pirate. 
^  XXII.  It  (lull  not  be  lawf\xl  for  any  foreign  privateers,  not  be- 
longing to  fubjeds  of  the  Moft  Chriftian  King,  nor  citizens  of  the 
faid  Unitqd  States,  who  have  commii&ons  from  any  other  prince  Qr 


WITH  HIS  MOST  CHRISTIAN  MAJESTY.      35 


Aate  in  enmity  with  either  nation,  to  fit  their  (hipt  in  the  ports  of 
either  the  one  or  the  other  of  the  aforefaid  jparties,  to  fell  what  thev 
have  taken,  or  in  any  other  manner  whatioever,  to  exchange  their 
(hips,  merchandifes,  or  any  other  lading :  neither  (hall  they  be  al* 
lowed  even  to  purchafe  viAuals,  except  luch  as  (hall  be  nece(rary  for 
their  going  to  uie  next  port  of  that  prince  or  ftate  from  which  they 
have  commi(Kon8. 

XXIII.  It  (hall  be  lawful  for  all  and  fingular  the  fubjefh  of  the 
Mod  ChrifHan  King,  and  the  citizens,  people,  and  inhabitants  of 
the  faid  United  Sutes,  to  fail  with  iheir  (hips  with  all  manner  of 
liberty  and  fecurity,  no  diftinAion  being  made  who  arf  the  proprie- 
tors of  the  merchandifes  laden  thereon,  from  any  port,  to  the  places 
of  thofe  who  now  are  or  hereafter  (hall  be  at  enmity  with  the  Moft 
Chriftian  King  or  the  United  Sutes.     It  (hall  likewife  be  lawful  for 
the  fubj6{ts  and  inhabitants  aforefaid,  to  fail  with  the  (hips  and  mer- 
chandifes aforementioned,  and  to  trade  with  the  fame  liberty  and 
fecurity  from  the  places,  ports  and  havens  of  thofe  who  are  enemies 
of  both  or  either  party,  without  any  oppofition  or  difturbance  what- 
foever,  not  only  diredtly  from  the  places  of  the  enemy  aforeiHen- 
tioned,  to  neutral  places ;  but  alfo  firom  one  place  belonging  to  an 
enemy,  to  another  place  belonging  to  an  enenty,  whether  they  be 
under  the  Jurifdi^ion  of  the  fame  princ^  or  under  feveral.     And  it 
is  hereby  ftipulated,  that  free  (hips  fliall  alfo  give  a  fi-eedom  tog^ods; 
and  that  every  thing  (hall  be  deemed  to  be  free  and  exempt,  which 
(hall  be  found  on  board  the  (hips  belonging  to  the  fubjedts  of  either  df 
the  confederates,  although  the  whole  lading  or  any  part  thereof 
(hould  appertain  to  the  enemies  of  either,  contraband  goods  being 
always  excepted.     It  is  alfo  agreed  in  like  manner,  that  the  fame 
liberty  be  extended  to  perfons  who  are  on  board  a  free  (hip,  with 
this  efk&t  that  although  they  be  enemies  to  both  or  either  party, 
they  are  not  to  he  taken  out  of  that  free  (hip,  unlefs  they  arc  foldiers 
and  in  aAual  fervice  of  the  enemy. 

XXIV.  This  libertyofnavigation  and  commerce  (hall  extend  toall  kinds 
of  merchandifes,  excepting  thofe  only  which  are  didinguifhed  by  the 
name  of  contraband,  and  under  this  name  of  contraband  or  prohibit- 
ed goods  (hall  be  comprehended  arms, great  guns, bombs,  with  the  flifeeS 
and  other  things  belonging  to  them,  cannon-ball,  gun-powder,  match, 
pikes,  fwords,  lances,  fpears,  halberds,  mortars,  petards,  grenades, 
faltpetre,  mujkets,  mu(ket  ball,  bucklers,  helmets,  breaft-platcs,  coats 
of  mail,  and  the  like  kinds  of  arms,  proper  for  arming  foldiers,  muf^ 
ket-refts,  belts,  horfes  with  their  fqmiture,  and  all  other  warlike  inftru- 
ments  whatever.  Thefe  merchandifes  that  follow,  (hall  not  be  rec- 
koned among  contraband  or  prohibited  goods;  that  is  to  fay,  all 
forts  of  cloths,  and  all  other  manufadtures  woven  of  any  wool,  flax, 
filk,  totton,  or  any  other  materials  whatever ;  all  kinds  of  wearing^ 
apparel,  together  with  the  fpecies  whereof  they  are  ufed  to  be  made ; 
gold  and  (aver,  as  well  coined  as  uncoined,  tin,  iron,  latten,  copper, 
brafs,  coals  ;  as  alfo  wheat  and  barley,  and  any  other  kind  of  com, 
tod  pulfe,  tobacco,  and  likewife  all  manner  of  fpices,  falted  and 


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$6       TREATY  OF  AMITY  AND  COMMERCE 

fmoakcd  flcfli,  faltcd  fifh,  cliccfu  and  butter,  beer,  oils,  wines,  fugarSf 
aad  all  forts  of  falts,  and  in  gciicr.il  all  pruvifiuns  which  ferve  for 
the  nourifliment  of  mankind  and  the  fuflenance  of  life  ;  furthermore, 
all  kinds  of  cotton,  hemp,  flax,  tar,  pitch,  ropes,  cables,  fails,  fail- 
cJoths,  anchors,  and  any  parts  of  anchor,  alfo  fliips,  mads,  planks, 
boards,  and  beams  of  what  trees  foever :  and  all  other  things  proper 
cither  for  building  or  repairing  {hips,  and  all  oJier  goods  whatever 
which  have  not  been  worked  into  the  form  of  any  inflrument  or  thin^ 
prepared  for  war  by  land  or  by  fca,  (hall  not  be  reputed  contraband, 
much  Icfs  fuch  as  have  been  already  wrought  and  made  up  for  any 
other  ufe  ;  all  whioh  (hall  be  wholly  reckoned  among  free  goods ;  as 
likewife  all  other  merchandifcs  and  things  which  are  not  compre- 
hended and  particularly  mentioned  in  the  foregoing  enumeration  of 
contraband  goods,  fo  that  they  may  be  tranlportcd  and  carcied  in  the 
freed  manner  by  the  fubjei5ls  of  both  confederates,  even  to  places 
belonging  to  an  enemy — ^fuch  towns  or  places  being  only  excepted, 
as  are  at  that  time  beueged  blocked  up,  or  inveited. 

XXV.  To  the  end  that  all  manner  of  di/rcntions  and  auarrels  may 
be  avoided  and  prevented,  on  one  ilde  and  the  other,  it  is  agreed, 
that  in  cafe  either  of  the  parties  hereto  fliould  be  engaged  in  war» 
the  Hiips  and  veffels  belonging  to  the  fubjedis  or  people  of  the  other 
ally,  mud  be  farni(hed  with  fca  letters  or  paffports,  expreffing  the 
name,  property,  and  bulk  of  the  (hip,  as  alio  the  name  and  place  of 
habitation  of  the  commander  of  the  faid  (hip,  that  it  may  appear 
thereby  that  the  (hip  really  and  truly  belongs  to  the  fubjeds  of  one 
of  the  parties,  which  pafTport  (hall  be  made  out  and  granted  accord- 
ing to  the  form  annexed  to  this  treaty.  They  (hall  likewife  be  re- 
cJled  every  year,  that  is,  if  the  (hip  happens  to  return  home  within 
the  fpace  of  a  year ;  it  is  likewife  agreed,  that  fuch  (liips,  being 
laden,  are  to  be  provided  not  only  with  pa(rports  as  above  mentioned, 
but  alfo  with  certidcates,  containing  the  fcveral  particulars  of  the 
cargo,  the  place  whence  the  (hip  failed,  and  whither  (he  is  bound  ; 
that  fo  it  may  be  known  whether  any  forbidden  or  contraband  goods 
be  on  board  the  fame ;  which  certi(icatcs  (hall  be  made  out  by  the 
o(ficers  of  the  place  whence  the  (hip  fet  fail,  in  the  accuftomed  form: 
and  if  any  one  (hall  think  it  fit  or  advifeable  to  exprefs  in  the  faid  cer-. 
tificates  the  perfon  to  whom  the  goods  on  board  belong,  he  may  freely 
do  fo. 

XXVI.  The  (hips  of  the  fubje6ls  and  inhabitants  of  either  of  the 
parties  coming  upon  any  coads  belonging  to  either  of  the  faid  allies^ 
but  not  willing  to  enter  into  port,  or  being  entered  into  port,  and  not 
willing  to  unload  their  cargoes  or  break  bulk,  they  (hall  be  treated 
^cording  to  the  general  rules  prefcribcd  or  to  be  prefcribed  relative 
to  the  objedl  in  quedion. 

XXVII.  If  the  diips  of  the  faid  fubjedts,  people,  or  inhabitants  of 
either  of  the  parties,  (hall,  be  met  with,  either  failing  along  the  coads, 
or  on  the  high  feas,  by  any  (hips  of  war  of  the  other,  or  by  any  privar 
▼ateers,  the  faid  fliips  of  war  or  privateers  fpr  the  avoiding  of  any  dili 
order,  (hall  reraaio  out  of  cannon  diot,  and  may  feod  their  bo^ts  oo 


WITH  HIS  MOST  CHRISTIAN  MAJESTY.      37 


board  the  merchant  Ihip,  u  hich  they  (hall  fo  meet  with ;  and  may 
enter  her  to  the  number  of  two  or  three  men  only  ;  to  whom  the 
matter  or  commander  of  fuch  (hip  or  vefl'el  Hiall  exhibit  his  pafTporti 
concerning  the  property  of  the  (hip,  made  out  according  to  the  form 
inferted  in  this  prcfent  Treaty :  and  the  (hip,  when  (he  (hall  have 
(hewed  fuch  padport,  (hall  be  free  and  at  liberty  to  purfue  her 
Toyage*  fo  as  it  (hall  not  je  lawful  to  moled  or  fearch  her  in  any 
manner,  or  to  give  her  chafe,  or  force  her  to  (juit  her  intended 
courfe. 

XXVIII.  It  is  alfo  agreed,  that  all  goods,  when  once  put  on 
board  the  (hips  or  \effe\s  of  either  of  the  two  contra^ing  parties,  fliall 
be  fubjed  to  no  further  vidtation  ;  but  all  vifitation  or  fearch  fliall  be 
made  beforehand ;  and  all  prohibited  goods  niall  be  (lopped  on  the  fpot 
before  the  fame  be  put  on  board,  unlefs  there  be  manifed  tokens  or 
proofs  of  fraudulent  pradHce :  nor  (hall  either  the  perfons  or  goods  of 
the  fubjeds  of  his  Mod  ChrilHan  Ma/dy,  or  the  United  States,  be 
put  under  any  arred,  or  molcded  by  any  other  kind  of  embargo  for 
that  caufc :  and  only  the  fubje*^  of  that  date  to  whom  the  faid  goods 
have  been  or  fliall  be  prohibited,  and  who  (hall  prefume  to  fell  or  alien- 
ate fuch  fort  of  goods,  (hall  be  duly  punilhed  for  the  offence. 

XXIX.  The  two  contraAing  parties  grant  mutually  the  liberty  of 
having  each  in  the  ports  of  the  other,  confuls,  vicc-confiJs,  agents 
and  commiflfaries,  whofe  funiftions  (hall  be  regulated  by  a  particular 
agreement. 

XXX.  And  the  more  to  favour  and  facilitate  the  commerce  which 
the  fubjeAs  of  the  United  States  may  have  with  France,  the  Mod 
Chridian  King  will  grant  them  in  Europe,  one  or  more  free  ports, 
where  they  may  bring  and  difpofe  of  all  the  produce  and  merchandife 
of  the  thirteen  United  States :  and  his  Majedy  will  alfo  continue  to 
the  fubjedh  of  ibe  faid  States,  the  free  ports  which  have  been  and  are 
open  in  the  French  iflands  of  America ;  of  all  which  free  ports  the 
faid  fubjefts  of  the  United  States  (hall  enjoy  the  ufc,  agreeably  to  the 
regulations  which  relate  to  them. 

XXXI.  The  prcfent  treaty  (hall  be  raiiiied  on  both  fides,  and  the 
ratifications  (hall  be  exchanged  in  the  fpace  of  (ix  months,  or  fooncr, 
if  po(rible. 

In  faith  whereof  the  refpedive  plenipotentiaries  have  figned  the  above 
articles,  both  in  the  French  and  £ngli(h  languages  ;  declaring,  ne- 
verthelefs,  that  the  prefent  treaty  was  originally  compofed  and 
concluded  in  the  French  language  ;  and  they  have  hereto  afHxed 
their  fcals. 

Done  at  Paris,  this  fixth  day  of  February,  one  thoufand  fcven 
hundred  and  feventy^eight. 

C.  A.  GERARD, 
-  B.  FRANKUM, 

'^^         '  ^  SILAS  DEANE, 

•''  *  •       ARTHUR  LEE, 


I 


CZ 


s 


) 

1 


*</  l-y: 


ill 


!   II! 


C    3«    3 


''  ii 


:ii  y 


..!! 


I  :ii 


"!'  1 


f 
llllii 


i   ! 


■>-^' 


TREATY  of  Alliance  Eventual  andDe- 
fcnftvey  between  his  Mojl  Chrijlian  Ma- 
jejiy  and  the  thirteen   United  States    of 
America, 


THE  Moft  Chriftian  King,  and  the  United  States  of  North- 
America,  to  wit,  New-Hampfhire,  Maflachufetts-bay,  Rhode 
Ifland,  Connedticut,  New- York,  New-Jerfey,  Fennfylvania,  Dela- 
ware, Maryland,  Virginia,  North  Carolina,  South  Carolina,  and 
Georgia,  having  .this  day  concluded  a  Treaty  of  Amity  and  Com- 
merce, for  the  reciprocal  advantage  of  their  fubjeds  and  citizens, 
have  thought  it  neceffary  to  take  into  condderation  the  means  of 
ftrengthening  thofe  engagements,  and  of  rendering  them  ufefiil  to  the 
fafety  and  tranauillity  of  the  two  parties ;  particularly  in  cafe  Great 
Britain,  in  refentment  of  that  connexion,  and  of  the  good  corref- 
pondence  which  is  the  obje<5t  of  the  faid  treaty,  (hould  break  the 
peace  with  France,  either  by  dired  hoflilities,  or  by  hindering  her 
commerce  and  navigation  in  a  manner  contrary  to  the  rights  of  na- 
tions, and  the  peace  fubdfting  between  the  two  crowns.  And  his 
MajeAy  and  the  faid  United  States,  having  rcfolved  in  that  cafe,  to 
join  their  councils  and  efforts  againfl  the  enterprifes  of  their  common 
enemy — 

The  refpeftive  Plenipotentiaries,  empowered  to  concert  the  claufes 
and  conditions  proper  to  fulfil  the  faid  intentions,  have,  after  the  mod 
mature  deliberation,  concluded  and  determined  on  the  following  ar- 
ticles. 

I.  If  war  fhould  break  out  between  France  and  Great  Britain, 
during  the  continuance  of  the  prcfent  war  between  the  United  States 
and  England,  his  Majefty  and  tliefaid  United  States  Oiall  make  it  a 
common  caufe,  and  aid  each  other  mutually  with  their  good  offices, 
their  counfels,  and  their  forces,  according  to  the  exigence  of  conjunc- 
tures, as  becomes  good  and  faithful  allies. 

n.  The  effential  and  direft  end  of  the  prefent  defenfive  alliance 
is,  to  maintain  effedually  the  liberty,  fovereignty,  and  independence, 
abfolute  and  unlimited,  of  the  faid  United  States,  as  well  in  mat- 
ters of  government,  as  of  commerce. 

HI.  The  two  contracting  parties  fliall,  each  on  its  own  part,  and 
in  the  manner  it  may  judge  moft  proper,  make  all  the  efforts  in  its 
power  againft  their  common  enemy,  in  order  to  attain  the  end  pro- 
pofed. 

IV.  The  contra(fting  parties  agree,  that  in  cafe  either  of  them 
(hould  form  any  particular  enterptifej  in  which  the  concurrence  of 


TREATY  OF  ALLIANCE 


39 


the  other  may  be  defiied,  the  party,  whofe  concurrence  is  dcdrcd, 
fhall  readily  and  with  good  faith  j'oin  to  asft  in  concert  for  that  pur- 
pofe,  as  far  as  circumihmces  and  its  own  particular  fituation  will  per- 
mit. And  in  that  cafe,  they  (hall  regulate  by  a  particular  conven- 
tion, the  quantity  and  kind  offuccour  to  be  furniflied,  and  the  time 
and  manner  of  its  being  brought  into  adlion,  as  well  as  the  advanta- 
ges which  are  to  be  its  compenfation. 

V.  If  the  United  States  fliould  think  fit  to  attempt  the  redu^ion 
of  the  Britifh  power,  remaining  in  the  northern  parts  of  America,  or 
the  iflands  of  Bermudas,  thofe  countries  or  iflands,  in  cafe  of  fuccefs, 
ihall  be  confederated  with,  or  dependent  upon  the  faid  United 
States. 

VI.  The  Moft  Chriftian  King  renounces  forever,  the  poffcfllon 
of  the  iflands  of  Bermudas,  as  well  as  of  any  part  of  the  continent 
of  North  America,  which  before  the  Treaty  of  Paris,  in  1 763,  or 
in  virtue  of  that  Treaty,  were  acknowledged  to  belong  to  the  crown 
of  Great  Britain,  or  to  the  United  States,  heretofore  called  Britifh 
colonies,  or  which  are  at  this  time,  or  have  lately  been  under  tlie 
power  of  tlie  king  and  crown  of  Great  Britain. 

VII.  If  his  Moft  Chriftian  Majefty  fliall  think  proper  to  attack 
stny  of  the  iflands  fituated  in  the  gulph  of  Mexico,  or  near  that  gulph, 
which  are  at  prefent  under  the  power  of  Great  Britain,  all  the  laid 
ifles,  in  cafe  of  fuccefs,  fliall  appertain  to  the  crown  of  Francfc. 

VIII.  Neither  of  the  two  parties  fliall  conclude  eitlier  truce  or 
peace  with  Greut  Britain,  without  tlie  formal  confent  of.  the  other 
firft  obtained  :  and  they  mutually  engage  not  to  lay  down  their  atms, 
until  the  independence  of  the  United  States  fliall  have  been  formally 
or  tacitly  aflured,  by  the  treaty  or  treaties  that  fliall  terminate  the 
war. 

IX.  The  contrafting  parties  declare,  that  being  refolved  to  fulfil 
each  on  its  Own  part,  the  claufes  and  conditions  of  the  prcfeht  Treaty 
of  Alliance,  according  to  its  own  power  aiid  circumftanccs,  there 
fliall  be  no  after-claim  of  compenfation,  on  one  fide  or  the  other, 
whatever  may  be  tlie  event  of  the  war. 

X.  The  Moft  Chriftian  King  and  tlie  United  States,  agree  to  in- 
vite or  admit  other  powers,  who  may  have  received  injuries  from 
England,  to  make  a  common  caufe  with  them,  and  to  accede  to  the 
prefent  alliance,  under  fuch  conditions  as  fliall  be  freely  agreed  t0| 
and  fettled  between  all  the  parties. 

XI.  The  two  parties  guarantee  mutually  from  the  prefent  time 
and  for  ever,  againft  all  other  powers,  to  wit,  the  United  States 
to  his  Mc't  Chriftian  Majefty,  the  prefent  poflcflions  of  the  crown  of 
France  in  i  .merica,  as  well  as  thole  which  it  may  acquire  by  the  fu. 
ture  Treat}  of  Peace  :  and  his  Moft  Chriftian  Majeily  guarantees  on 
his  part  to  e  United  States,  their  liberty,  fovereignty,  and  in  lepen- 
dence,  abfol  te  and  unlimited,  as  well  in  matters  of  government,  as 
commerce—  nd  alfo  their  poflciriuns,  and  the  additions  or  coitquelU 
that  their  cr  federation  niay  obtain  during  the  war,  from  any  of  the 
dominions  n^  w  or  heretofore  poflcflVd  by  Great  Britain,  in  Monh 


•\  >^:  H ' 


...  ^ 


v:X 


40      WITH  HIS  MOST  CHRISTIAN  MAJESTY. 

America,  conformable  to  the  fifth  and  fixth  articles  above  written  ; 
the  whole,  as  their  pofle/rtons  (hall  be  fixed  and  aflTured  to  the  faid 
fl^atf^  at  At  moment  of  the  cefTation  of  their  prefent  war  with 

'^jMiTid;'/':-'- 

*  '^IJv  til.  ^<sr  to  fix  more  pwcifely  the  fenfe  and  application  of 
the  precedftig  article,  the  contriaifiing  .parties  declare,  that  in  cafe 
of  a  rupture  between  France  and  England,  the  reciprocal  guarantee 
declared  in  the  faid  article,  fhall  have  its  full  force  and  efk&,  the 
moment  fuch  war  (hall  break  out :  and  if  fuch  rupture  (hall  not  take 
place,  the  mutual  obligations  of  the  faid  guarantee  (hall  not  com- 
mence until  the  moment  of  the  ceffation  of  the  prefent  war,  between 
the  United  States  and  England,  (hall  have  afcvtained  their  po& 
fefiions. 

XIII.  The  prefent  Treaty  (hall  be  ratified  on  both  fides^  and  the 
ratification  (hall  be  exchanged  in  the  (pace  of  fix  months,  or  fooner, 
if  pofiible. 

In  faith  whereof  the  refpedlive  Plenipotentiaries,  to  wit,  on  the 
part  of  the  Moft  Chriftian  King,  Conrad  Alexander  Gerard,  royal 
fyndic  of  the  city  of  Stra(bourg,  and  fecretary  of  his  Majedy's  coun> 
cil  of  ftate — and  on  the  part  of  the  United  States,  Benjamin  Franklin, 
deputy  to  the  general  Congrefs  from  the  (late  of  Pennfylvania,  and 
prefident  of  the  Convention  of  faid  (late — Silas  Deane,  heretofore 
deputy  from  the  ftate  of  Connecticut — and  Arthur  Lee,  couhfellor  at 
law,  have  figned  the  above  articles  both  in  the  French  and  £ngli(h 
languages  ;  declaring,  neverthelefs,  that  the  prefent  Treaty  was 
originally  compofcd  and  concluded  in  the  French  language ;  and 
they  have  hereunto  affixed  their  feals. 

Done  at  Paris,  this  fixth  day  of  February,  one  thoufand. 
feven  hundred  and  feventy-eight. 


I    I; 


C.  A.  GERARD,  (L.  S. 

B.  FRANKLIN,  (L.  S. 

SILAS  DEANE,  (L.  S. 

ARTHUR  LPE,  (L.  S. 


!  P  l!) 


>4 


C   4i    3 


7X^  Definitive  Treaty  bePiveen  Great  Britain 
and  the  thirteen  United  States  of  America. 


Mr  ■• 


In  the  Name  of  the  Moft  Holy  and  Undivided  Trinity, 

IT  having  pleafed  the  Divine  Providence  to  difpofe  the  hearts  of 
the  moft  ferene  and  moll  potent  prince  George  the  Third,  by 
the  grace  of  God,  king  of  Great  Britain,  France,  and  Ireland,  de- 
fender of  the  faith,  duke  of  Brunfwick  and  Lunenburg,  arch  trea- 
furer  and  prince  eledor  of  the  holy  Roman  empire,  &c.  and  of  the 
United  States  of  America,  to  forget  all  paft  mifunderftandings  and 
differences,  that  have  unhappily  interrupted  the  good  correfpondence 
and  firiendihip  which  they  mutually  vtrifh  to  reftore — and  to  eftablifh 
fuch  a  beneficial  and  fatisraiflory  intercourfe  between  the  two  countries, 
upon  the  ground  of  reciprocal  advantages  and  mutual  convenience, 
as  may  promote  and  fecure  to  both  perpetual  peace  and  harmony— 
and  having  for  this  defirable  end  already  laid  the  foundation  of  peace 
and  reconciliation,  by  the  provifional  articles,  figned  at  Paris,  on  the 
30th  of  November  1782,  by  the  commiilioners  empowered  on  each 
part,  which  (irticles  were  agreed  to  be  inferted  in,  and  to  conftitute 
the  treaty  of  peace  propofed  to  be  concluded  between  the  crown  of 
Great  Britain,  and  the  faid  United  States,  but  which  treaty  was  not 
to  be  concluded  until  terms  of  peace  (hould  be  agreed  upon  between 
G.jBritain  andFrance,  and  hisBritannic  majefty  (hould  be  readyto  con- 
clude fuch  treaty  accordingly — and  the  treaty  between  Great  Britain 
and  France  having  fince  been  concluded,  his  Britannic  majefty  and 
the  United  States  of  America,  in  order  to  carry  into  fiill  effedl  the 
provifional  articles  above  mentioned,  according  to  the  tenor  thereof, 
have  conftituted  and  appointed,  that  is  to  fay,  his  Britannic  majefty 
on  his  part,  David  Hartley,  £fq.  member  of  the  parliament  of 
Great  Britain  ;  and  the  faid  United  States  on  their  part,  Joho 
Adams,  £fq.  late  a  commifHoner  of  the  United  States  of  America, 
at  the  court  of  Verfailles,  late  delegate  in  Congrefs  from  the  ftate  of 
Maflachufetts,  and  chief  juftice  of  the  faid  ftate,  and  minifter  pleni- 
potentiary of  the  faid  United  States,  to  their  high  mightinefies  the 
States  General  of  the  United  Netherlands ;  Benjamin  Franklin,  £fq. 
late  delegate  in  Congrefs,  from  the  ftate  of  Pennfylvania,  prefident 
of  the  convention  of  the  faid  ftate,  and  minifter  plenipotentiary  from 
the  United  States  of  America  at  the  court  of  Verfailles  ;  and  John 
Jay,  Efq.  late  prefident  of  Congrefs,  chief  juftice  of  the  ftate  of 
New- York,  and  minifter  plenipotentiary  from  the  faid  United  States 
at  the  court  of  Madrid — to  be  the  plenipotentiaries  for  concluding' 
and  figning  the  prefent  definitive  treaty ;  who,  after  having  rccipro*. 


c. . 


4» 


DEFINITIVE  TREATY 


m 


i\m 


m- 


cally  communicated  their  refpedlive  full  powers,  have  agreed  upon 
and  confirmed  the  following  articles. 

Art.  I.  His  Britannic  raajefty  acknowledges  the  faid  United 
States,  viz.  New-Hampfliire,  MHiTachufstts-bay,  Rhode  Ifland  and 
Providence  plantations,  Connedlicut,  New- York,  New-Jerfey,  Penn- 
fylvftnia,  Delaware,  Maryland,  Virginia,  North  Carolina,  South- 
Carolina,  and  Georgia,  to  be  free,  fovereign,  and  independent  ftates  ; 
that  he  treats  with  them  as  fuch,  and  for  himfelf,  his  heirs  and  fuc- 
ceiTors,  relinquifhes  all  claims  to  the  government,  propriety,  and 
territorial  rights  of  the  fame,  and  every  part  thereof. 

II.  And  that  all  difputes,  which  might  arife  in  future,  on  the 
iiibjedt  of  the  boundaries  of  the  faid  United  States,  may  be  pr«- 
vented,  it  i»  hereby  agreed  and  declared,  that  the  following  are  and 
fhall  be  their  boundaries,  viz.  from  the  northwefl  angle  of  Nova-Sco- 
tia, viz.  That  angle  which  is  formed  by  a  line  drawn  due  north  from 
the  fource  of  St.  Croix  river  to  the  highlands,  along  the  faid  high- 
hnds,  which  divide  thofe  rivers  that  empty  themfelves  into  the 
river  $t.  Lawrence,  from  thofe  which  fall  into  the  Adantic  ocean,  to 
the  north-welkrnmo(l  head  of  Connedkicut  river ;  thence  down  along 
the  middle  of  that  river  to  the  forty-fifth  degree  of  north  latitude! 
from  thence  by  a  line  due  well  on  faid  latitude,  until  it  flrikes  the 
river  Iriquois  or  Cataraquy ;  thence  along  the  middle  of  faid  river 
into  Lake  Ontario  ;  through  the  middle  of  faid  lake  until  it  ftrikes 
the  communication  by  water  between  that  lake  and  Lake  Erie  f 
thence  along  the  middle  of  fiud  communication  into  Lake  Erie ; 
through  the  middle  of  faid  lake  until  it  arrives  at  the  water  commu- 
nication between  that  lake  and  Lake  Huron  ;  thence  along  the  mid- 
dle of  faid  water  communication  into  the  Lake  Huron  ;  thenca 
through  the  middle  of  faid  lake  to  the  water  communication  between 
that  lake  and  Lake  Superior  ;  thence  through  Lake  Superior  north- 
ward of  the  ifles  Royal  and  Philipeaux  to  the  Long  Lake ;  thence 
through  the  middle  of  faid  Long  Lake  and  the  water  communication 
between  it,  and  the  Lake  of  the  Woods,  to  the  faid  Lake  of  the 
W^oods ;  thence  through  the  faid  lake  to  the  ia^oft  north-weftern 
point  thereof,  and  from  thence  on  a  due  wed  courfe  to  the  river 
Miffiffippi ;  thence  by  a  line  to  be  drawn  along  the  middle  of  the  iaid 
river  MiffifTippi  until  it  (hall  interfedl  the  northernmofl  part  of  the 
thirty-firft  degree  of  north  latitude.  South,  by  a  line  to  be  drawn 
due  eaft  from  the  determination  of  the  line  lafi:  mentioned  in  the 
latitude  of  thirty-one  degrees  north  of  the  equator,  to  the  middle  of 
the  river  Apalachicola,  or  Catahouche  ;  thence  along  the  middle 
thereof  to  its  jundtion  with  the  Flint  river  ;  thence  ftrait  to  the  head 
of  St  Mary's  River  j  and  thence  down  along  the  middle  of  St. 
Mary's  river  to  the  Adantic  ocean.  Eaf^,  by  a  line  to  be  drawn 
along  the  middle  of  the  river  St.  Croix,  from  its  mouth  in  the  bay 
of  ^undy,  to  its  fource;  and  from  its  fource  diredlly  north  to  the 
aforefaid  highlands,  which  divide  the  rivers  tliat  fall  into  the  Atlantic 
ocean,  from  thofe  which  fall  into  the  river  St.  Lawrence,  compre- 
hending all  iflands  within  twenty  leagues  pf  any  part  of  the  (hores  oit 


'i! 


WITH  HIS  BRITANNIC   MAJESTY.  43 


the  "United  States,  and  lying  between  lines  to  be  drawn  due  eaft 
from  the  points  where  the  aforefaid  boundaries  between  Nova-Scotia 
on  the  one  part,  and  £afl  Florida  on  the  other,  fhall  refpedtively 
touch  the  bay  of  Fundy,  and  the  Atlantic  ocean,  excepting  fuch 
iflands  as  now  are,  or  heretofore  have  been  within  the  limits  of  the 
faid  province  of  Nova-Scotia. 

III.  It  is  agreed,  that  the  people  of  the  United  States  fhall  con- 
tinue to  enjoy,  unmolefted,  the  right  to  take  fifh  of  every  kind  on 
the  Grand  Bank,  and  on  all  the  other  banks  of  Newfoundland,  alio  in 
the  Gulph  of  St.  Lawrence,  and  at  all  other  places  in  the  fea,  where 
the  inhabitants  of  both  countries  \ifed  at  any  time  heretofore  to  fifh. 
And  alfo,  that  the  inhabitants  of  the  United  States  fhall  ha^e  liberty 
to  take  fifh  of  every  kind  on  fuch  part  of  the  coaft  of  Newfoundland, 
as  Britifh  fifhermen  fhall  ufe  (but  not  to  dry  or  cure  the  fame  on  that 
ifland)  and  alfo  on  the  coafts,  bays  and  creeks  of  all  other  of  his 
Britannic  majefty's  dominions  in  America  ;  and  that  the  American 
fifhermen  fhaJl  have  liberty  to  dry  and  cure  fifh  in  any  of  the 
unfettled  bays,  harbours  and  creeks  of  Nova-Scotia,  Magdalen 
Illands,  and  Labrador,  fo  long  as  the  fame  fhall  remain  unfettled ; 
but  fo  foon  as  the  fame  or  either  of  them  fliall  be  fettled,  it  ftiall  not 
be  lawful  for  the  faid  fifhermen  to  dry  or  cure  fifh  at  fuch  fettlement, 
without  a  previous  agreement  for  that  purpofe,  with  the  inhabitants} 
proprietors,  or  pofTefiors  cf  the  ground. 

IV.  It  is  agreed,  that  creditors  on  either  fide,  fhall  meet  with  no 
lawful  impediment  to  the  recovery  of  the  full  value,  in  flerling  money, 
of  all  bona  fide  debts  heretofore  contracted. 

V.  It  is  agreed,  that  the  Congrefs  fhall  eameftly  recommend  it 
to  the  legiflatures  of  the  refpeflive  nates,  to  provide  for  the  reflitution 
of  all  eflates,  rights,  and  properties,  which  have  been  confifcated, 
belonging  to  real  Britifti  flibjedls  :  and  alfo  of  the  efbtes,  rights,  and 
properties  of  perfons  refident  in  diflridts  in  the  pofTefiion  of  his  majefly's 
arms,  and  who  have  not  borne  arms  againft  the  faid  United  States  ; 
and  that  perfons  of  any  other  defcription,  fhall  have  free  liberty  to 
go  to  any  part  or  parts  of  any  of  the  thirteen  United  States,  and 
therein  to  remain  twelve  months  unmokfted  in  their  endeavours  to 
obtain  the  reflitution  of  fuch  of  their  eliates,  rights,  and  properties,  as 
may  have  been  confifcated ;  and  that  Congrefs  fliall  alfo  eamefHy 
recommend  to  the  fevcral  fhites,  a  rc~confideration  and  revifion  of 
all  afts  or  laws  regarding  the  premifes,  fo  as  to  render  the  faid  laws 
or  afls  perfedly  confiftent,  not  only  with  juflice  and  equity,  but  with 
that  fpirit  of  conciliation,  which,  on  the  return  of  the  bleffings  of 
peace,  fhould  univerfally  prevail :  and  that  Congrefs  ihall  alfo  car- 
neftly  recommend  to  the  feveral  flates,  that  the  eflates,  rights,  and 
properties  of  fuch  lalt  mentioned  perfons  fhall  be  reftored  to  them, 
they  refunding  to  any  perfons  who  may  be  now  in  poifeffion,  the  bona 
fide  price  (where  any  has  been  given)  which  fuch  perfons  may  have 
paid,  on  purchaflng  any  of  the  faid  lands,  rights,  or  properties  iince 
the  confiication.  And  it  is  agreed,  ihat  all  perfons,  who  have  any, 
interefl  in  confifcated  lands,  either  bv  debts  marriage    f«ltlements, 


■\  'M 


-r- 


^1 


I  Iti, 


« 


DEFINITIVE  TREATY 


,:!3: 


:l^! 


or  otherwife,  (hall  meet  with  no  lawful  impediment  in  the  profecu- 
tion  of  their  juft  rights. 

VI.  That  there  (hall  be  no  future  confifcations  made,  nor  any  pro- 
fecuuons  commenced  againft  any  perfon  or  perfons  for,  or  by  reafon 
of  the  part  which  he  or  they  may  have  taken  in  the  prefent  war :  and 
tliat  no  perfon  (hall,  on  that  account,  fufFer  any  future  lofs  or  damage, 
cither  in  his  perfon,  liberty,  or  property  :  and  that  thofe,  who  may 
be  in  con(inement  on  fuch  charges,  at  the  time  of  the  ratification  of 
the  treaty  in  Americ,  (hall  be  immediately  fet  at  liberty,  and  the 
profecution,  fo  commenced,  be  difcontinued. 

VII.  There  (hall  be  a  firm  and  perpetual  peace  between  his  Bri- 
tannic majefty  and  the  faid  dates,  and  between  the  fubjedts  of  thd 
one,  and  the  citizens  of  the  other :  wherefore,  all  hoftilities,  both 
by  fea  and  land,  (hall  from  henceforeh  ceafe  :  all  prifoners,  on  both 
fides,  (hall  be  fet  at  liberty :  and  his  Britannic  majefty  (liall,  with  all 
convenient  (peed,  and  without  caufing  any  dedrudtion,  or  carrying 
away  any  negroes,  or  rther  property  of  the  American  inhabitants, 
withdraw  all  his  armies,  garrifons,  and  fleets  from  the  faid  United 
States,  and  from  every  pofl,  place,  and  harbour  within  the  fame, 
leaving  in  all  fortifications  the  American  artillery  that  may  be  there- 
in ;  and  (hall  alfo  order  and  caufe  all  archives,  records,  deeds,  and 
papers  belonging  tonany  of  the  faid  (htes,  or  their  citizens,  which  in 
the  courfe  of  the  war,  may  have  fallen  into  the  hands  of  his  o(ficer^, 
to  be  forthwith  reftored,  and  delivered  to  the  proper  ftates  and  per- 
fons to  whom  they  belong. 

VIII.  The  navigation  of  the  river  Mi(fifi.ppi,  from  its  fource  to 
the  ocean,  (liall  forever  remain  frecand  open  to  the  fubjedls  of  Great 
Britain,  a.id  the  citizens  of  the  United  States. 

IX.  In  cafe  it  (hould  fo  happen,  that  any  place  or  territory  be- 
longing to  Great  Britdn,  or  to  die  United  States,  (hould  have  been 
conquered  by  the  arms  of  either  from  the  other,  before  the  arrival  of 
the  faid  provifional  articles  in  America,  it  is  agreed,  that  the  fame 
(hall  be  reftored  without  di(Hculty,  and  without  requiring  any  com- 
penfation. 

X.  The  folemn  ratifications  of  the  prefent  treaty,  expedited  in 
good  and  due  form,  (hall  be  exchanged  between  the  contr^dHng  par- 
ties in  the  fpace  of  (Ix  months,  or  fooner,  if  po(nble,  to  be  computed 
from  the  day  of  the  fignature  of  the  prefent  treaty.  In  witnefs 
•whereof,  we  the  underfigned,  their  minifters  plenipotentiary,  have^ 
in  their  name,  and  in  virtue  of  our  full  powers,  iigned  with  our  hands, 
the  prefent  definitive  treaty,  and  cauled  the  feals  our  arms  to  be 
afHxed  thereto. 

Done  at  Paris,  this  third  day  of  September,  one  thoufandy 
feven  hundred  and  eighty-three. 


III, 


.1,'^ 


DAVID  HARTLEY,  (L.  S.] 
JOHN  ADAMS,  (L.  S. 

B.  FRANKLIN,  (L.  S. 

JOHN  JAY,  (L.  S.! 


nrr/— r: 


CONSTITUTION 


OF   TH? 


States. 


W£,  the  Pcofl«  of  the  United  States,  uK  order  to  form  a  more 
pcrfed  ujtioQf  cttabliih  juftice,  infure  domeftic  tranquillity, 
provide  for  the  common  ckfence,  promote  the  general  wdfare»  and 
kcure  the  bkffings  of  liberty  to  oarfelves  and  our  pofterity,  do  ordain 
9od  eftabUih  this  Cpnftituti^Q  Jfor  the  United  States  of  America. 

ARTICLE    I. 

SECnoii    I. 

ALL  Ir^iitiTe  po'^yers  herein  granted,  (hall  be  vefted  in  a  Can- 
fjrds  of  the  United  States,  which  ihall  coniifl  of  a  Senate  and  Houie 
of  Reprefentatives. 

SECT.    H. 

1.  TheHotifeof  Reprefentaiives  Ihall  confift  of  members  chpfea 
every  fecond  year,  by  the  people  of  the  feverai  ftates;  and  the  electors 
in  each  ftate,  (halt  have  the  qualifications  requiHte  £br  e|edtprs  of  the 
moft  numerous  branch  of  the  ftate  legiflature. 

a.  No  perfon  fhail  be  a  reprefentative,  who  fhaH  not  have  attained 
to  ri»e  age  of  twenty-five  years,  and  been  feven  years  a  citizen  of  the 
United  States ;  and  who  fhall  not,  when  ele(5led,  be  an  inhabkant  of 
that  ftate  in  which  he  fhall  be  chofeii. 

3,.  Reprefentatives,  and  dite(^  taxes  (kdl  be  apportioned  amoo^ 
the  feverai  fktes,  ^i^ch  may  be  included  in  this  ui^ion,  accord! ug  to 
their  refpeftive  numbers,  which  fhall  be  determined  by  ad^iuj^  to 
the  whole  number  of  free  perfons,  including  thofe  bound  to  fefve  fpr 

G 


§ 


I? 


"  1 

•     ,-       J 

rr-f 


^ 


46    COKSTlTUTtON  OF  THE  UNITED  STATES. 

a  term  of  years,  and  excluding  Indians  not  taxed,  three-fifths  of  all 
other  perfons.  The  adtual  enumeration  (hall  be  made  within  three 
years  after  the  firft  meeting  of  the  Congrcfs  of  the  United  States  ;  and 
within  ei'ery  fuhfequent  term  of  ten  years,  in  fuch  manner  as  they  fhall 
by  jaw  diredl.  The  number  of  reprefentatives  ihall  not  exceed  one 
for  every  thirty  tlioufand  ;  but  each  ftate  (hall  have  at  leaft  one  repre- 
fentative  :  and,  until  fuch  enumeration  (hall  be  made,  the  ftate  of 
New-Hamp(hire,  (hall  be  entitled  to  choofe  three ;  Maffachufetts 
eight;  Rhode-ffland  and  Providence  Plantations  one;  Connefticut 
fi'^c ;  New- York  fix  ;  New-Jerfey  four  ;  Pennfylvania  eight ;  Dela- 
V  re  one;  Maryland  fix  ;  Virginia  ten  ;  North-Carolina  five ;  South- 
Carolina  five ;  and  Georgia  three. 

4.  When  vacancies  happen  in  the  reprefentation  from  any  ftate, ' 
the  executive  autliority  thereof  (hall  iiTue  writs  of  eledion  to  fill  fuch 
vacancies. 

5.  The  Houfe  of  Reprefentatives  (hall  choofe  their  Speaker  and 
other  ofiicers ;  and  (hall  have  the  fole  power  of  impeachment. 


^  m 


SECT.    lit. 

1.  The  Senate  of  the  United  States  (hall  be  compofed  of  two  Se* 
nators  from  each  ftate,  chofen  by  the  Legiflature  thereof,  for  fix 
years  :  and  each  Senator  (hall  have  one  vote. 

2.  Immediately  after  they  (hall  be  alTembled,  in  confequence  of 
the  firft  election,  they  (hall  be  divided,  as  equally  as  may  be,  into 
three  cla(res.  The  feits  of  the  Senators  of  the  firft  clafs  (hall  be  va- 
cated at  the  expiration  of  the  fecond  year ;  of  the  fecond  clafs,  at 
the  expiration  of  the  fourth  year  ;  and  of  the  third  clafs,  at  the  ex- 
piration of  the  fixth  year :  fo  that  one-third  may  be  chofen  every  fe- 
cond year.  And  if  vacancies  happen,  by  refignation  or  otherwife, 
during  the  recefs  of  the  legiflature  of  any  ftate,  the  executive  thereof 
may  make  temporary  appointments  until  the  next  meeting  of  the 
legiflature,  which  ftiall  then  fill  fuch  vacancies. 

3.  No  perfon  (hall  be  a  fenator,  who  (hall  not  have  attained  to 
the  age  of  thirty  years,  and  been  nine  years  a  citizen  of  the  United 
States  ;  and  who  (hall  not,  when  elected,  be  an  inhabitant  of  that 
ftate  for  which  he  (hall  be  chofen. 

4.  The  Vice-prefident  of  the  United  States  ftiall  be  Prefident  of 
the  Senate  ;  but  (hall  have  no  vote,  unlefs  they  be  equally  divided.     > 

r.  The  fenace  (hall  choofe  their  other  officers,  and  alfo  a  prefi- 
dent pro  tempore,  in  the  abfence  of  the  pice-prefident,  or  when 
he  fliall  exercife  the  o(fice  of  Prefident  of  the  United  States.  i 

6.  The  fenate  ftiall  have  the  fole  power  to  try  all  impeachments. 
When  fitting  for  that  purpofe,  they  fliall  be  6n  oath  or  a(firmation. 
When  the  Prefident  of  the  United  States  is  tried,  the  Chief  Juftice 
(hall  prefide  :  and  no  perfon  (hall  be  coQvidled,  without  the  concur- 
rence of  two-thirds  of  the  members  prcfent. 


mi^ 


CONSTITUTION  OF  THE  UNITED  STATES.    47 

"■  7.  Judgment,  in  cafes  of  impeachment,  fliall  not  extend  further 
than  to  removal  from  ofHce,  and  difqnahiicatiun  to  hold  and  enjoy 
any  office  of  honour,  truft,  or  profit,  under  the  United  States.  But 
the  party  convidled  fhall,  nevcrthelefs,  ^'  .Able  and  fubjeft  to  ir- 
di(fim(Qt,  trial,  judgment,  and  punifliment  according  to  law. 


SECt,    IV. 

1.  The  times,  places,  and  manner  of  holding  eleflions  for  fena- 
tors  and  reprefentatives,  ftiall  be  prefcribed  in  each  (late  by  the  le- 
giflature  thereof;  but  the  Congreis  may,  at  any  time,  by  law,  make 
or  alter  fuch  regulations,  except  as  to  the  places  of  choofing  fe- 
nators. 

2.  The  Congrcfs  (hall  a(remble  at  lead  ouce  in  every  year  :  and 
fuch  meeting  (hall  be  on  the  (irft  Monday  in  December,  unlefj  they 
ihall  by  law  appoint  a  different  day. 

'i- 

*'  SECT.    v. 

I.  Each  houfe  (hall  be  the  judge  of  the  cletflions,  returns,  and 
qualifications  of  its  own  members  :  and  a  majority  of  each  (hall  confti- 
tute  a  quorum  to  do  buiinefs  :  but  a  fmallcr  number  may  adjourn  from 
day  to  day,  and  may  be  authorifed  to  compel  the  attendance  of  ab- 
fcnt  members,  in  fuch  manner,  and  under  fuch  j)enalties  as  each 
houfe  may  provide. 

i.  2.  Each  houfe  may  determine  the  niles  of  its  proceedings ;  punifli 
its  members  for  diforderly  behaviour ;  and,  with  the  concurrence  of 
two-thirds,  expel  a  member. 

1.  3.  Each  houfe  (hall  keep  a  journal  of  its  proceedings ;  and,  from 
time  to  time,  publi(h  the  fame,  excepting  fuch  parts  as  may,  in  their 
judgment,  require  fecrecy :  and  the  yeas  and  nays,  of  the  members  of 
either  houfe,  on  any  queftion,  ,(hall,  at  the  defire  of  one-fifth  of 
thofe  prefent,  be  entered  on  the  journal. 

4.  Neither  houfe,  during  the  feflion  of  Ccngrefs,  lliall,  without 
the  confent  of  the  other,  adjourn  for  more  than  throe  days,  nor  to 
any  other  place  than  that  in  which  the  two  houfes  (hall  be  (Itting. 


;»   .; 


;■  if'- 


SECT.    VI, 

1.  The  fenators  and  reprefentatives  (hall  receive  a  compenfation 
for  their  fervices,  to  be  afcertained  by  law,  and  paid  out  of  the  Trea- 
fury  of  the  United  States.  They  (hall,  in  all  cafes,  except  treafon, 
felony,  and  breach  of  the  peace,  be  privileged  from  arrei^,  during 
their  attendance  at  the  feflion  of  their  refpedtive  houfes,  and  in  going 
to,  and  returning  from  the  fame :  and  for  any  fpeech  or  debate  in 
cither  houfe,  they  (hall  not  be  qucftioned  in  any  other  place. 

2.  No  fenator  or  reprefentative  (hall,  during  the  time  for  which 
he  was  eleAed,  be  appointed  to  any  civil  ofHce,  under  the  authority 
of  the  United  States,  which  (hall  have  been  created,  or  the  emolu- 
ments of  w^cl>  fh^l  have  ^een  increafed,  during  fuch  tim?  (  »nd  na 


J 

1 


'ill 


!  I'  '  i 


<<  I'll  iii'^: 


m 


j  -i-    ■     * 


" 


'Hi  Nil 


48    eONSTITUTIOK  OF  THE  UNITED  STATES. 

perfon  holding  any  ofRce  under  the  United  States,  (hall  be  a  member 
of  cither  houfe,  during  his  continuance  in  office. 

SECT.    TII. 

1.  All  bills,  fbr  ntiiing  rerenue,  fhall  originata  in  the  houfe  of 
reprefentatives  :  but  the  Senate  (hall  propofe  or  concur  with  amend< 
ments,  as  on  other  bills. 

2.  Every  bill,  which  (hall  have  pa(red  the  houfe  of  reprefentatives 
^nd  the  fenate,  (hall,  before  it  become  a  law,  be  prefented  to  the 
Prefident  of  the  United  States.  If  he  approve,  he  (hall  fign  it :  but 
if  not,  he  (hall  return  it,  with  his  objedlions,  to  that  houfe,  in  which 
it  (hall  have  originated,  who  (hall  enter  their  objedlions  at  large  on 
their  journal,  and  proceed  to  re-con(ider  it.  If,  after  fuch  re-confi- 
deration,  two-thirds  of  that  houfe  (hall  agree  to  pafs  the  bill)  it  (hall 
be  fent,  together  with  the  obje^ions,  to  the  other  houfe.  by  which 
it  (hall  Ukcwife  be  re-con(idered :  and  if  approved  by  two-thiidst  of 
that  houfe,  it  (hall  become  a  law.  But,  in  all  fuch  cafes,  the  votes 
of  both  houfes  (hall  be  determined  by  yeas  and  nays :  and  the  names 
of  the  perfons  voting  for  and  againft  the  bill,  (hall  be  entered  on  the 
journal  of  each  houfe  refpeAively.  If  any  bill  (hall  not  be  returned 
by  the  prefident,  within  ten  days  (Sundays  excepted)  after  it  (hall 
have  been  prefented  to  him,  the  fame  (hall  be  a  law,  in  like  manner  as 
if  he  had  ugned  it,  unlefs  the  Congrers,  by  their  adjournment,  pre- 
vent its  return  ;  in  which  cafe  it  (hall  not  be  a  law. 

3.  Every  order,  refolution,  or  vote,  to  which  the  concufreilce  of 
the  fcnatc  and  houfe  of  reprefentatives  may  be  necefTary  (excepL  on  a 
queflion  of  adjournment)  fhall  Ls  prefented  to  tlie  prefident  of  the 
United  States ;  and,  before  the  fame  (hall  take  efFeft,  be  approved 
by  him ;  or,  being  difapproved  by  him,  (hall  be  repafTed  by  two-thirds 
of  both  houfes,  according  to  the  rules  and  limitations  prefcribed  in  the 
cafe  of  a  bill. 


SECT.    VIII. 

The  Congrefs  (hall  have  power  % 

1.  To  lay  andcolleft  taxes,  duties,  iinpofls,  and  excifes,  to  pay 
the  debts,  and  provide  for  the  common  defence,  and  general  welfare, 
of  the  United  States  :  but  all  duties,  impofls,  and  excifes,  (hall  be 
uniform  throughout  the  United  States. 

2.  To  borrow  money  on  the  credit  of  the  United  States. 

3.  To  regulate  commerce  with  fbrcign  nations,  and  among  the 
feveral  (tates,  and  with  the  Indian  tribes. 

4.  To  eflablifh  an  uniform  rule  of  natoraliration,  and  vmiform 
laws  on  the  fubjeft  of  bankruptcies,  throughout  the  United  States. 

5.  To  coin  money ;  regulate  the  value  thereof,  and  of  foreign 
coin  ;  and  fix  the  ftandard  of  weights  and  meafures. 

6.  To  provide  for  the  puni(hment  of  counttfrfeiting  the  fecfurities 
and  current  coin  of  the  United  States. 

7.  To  ellablifh  poft'officcs  and  pofl-roads.  * 


!  i||ii|||| 


CONSTITUTION  OF  THE  UNITED  STATES.    49 


8.  To  promote  the  progrefs  of  iciencc  and  ufcful  arts,  by  fecurinc, 
for  limited  times,  to  authors  and  inrentorst  the  exckfive  right  to  then 
refpe^ive  writings  and  dtfcoveries. 

9.  To  conftitute  tribunals  inferior  to  the  fupreme  court* 

10.  To  define  and  puaiHi  piracies  and  felonies  committed  on  the 
high  Teas,  and  offences  againft  the  law  of  nations* 

1 1.  To  declare  war ;  grant  letters  of  marque  and  reprifiil  {  and 
make  rules  ccncerning  captures  on  land  and  water. 

1 2.  To  raife  and  uipport  armies.  But  no  appropriation  of  money 
for  that  ufr;,  (hall  be  for  a  longer  term  than  two  years. 

1 3.  To  provide  and  maintain  a  navy. 

14.  To  malre  rules  for  the  government  and  regulation  of  the  land 
snd  naval  force&. 

1    15.  To  provide  for  calKng  forth  the  militia,  to  execute  the  lawi 
of  fhe  union,  furjprefs  infurreiflions,  and  repel  invafions. 

16.  To  provide  for  organizing,  arming,  and  difciplining  the  mi- 
litia, and  for  governing  fuch  part  of  them  as  may  be  employed  in  the 
fervicc  of  the  United  States :  referving  to  the  ft*tes  relpedlively,  the 
appointment  of  the  officers,  and  the  authority  of  trailing  the  militia 
according  to  the  difcrpline  prefcribed  by  Congrefs. 

17.  lo  exercife  excluiive  legiflation,  in  all  cafes  whatfoever  over 
fuchdiftrift  (not  exceeding  ten  miles  fotiare)  as  may,  by  ceflton  of 
particular  ftaies,  and  the  acceptance  of  Congrefs,  become  the  feat  of 
the  government  of  the  United  States ;  and  to  exercife  like  authority 
over  all  places  putcL-ied  by  the  confent  of  the  Icgiflature  of  the  ftate 
in  which  the  fame  (haH  be,  for  the  erertion  of  forts,  magaiines,  ar- 
fenals,  dock-yards,  and  other  needful  buildings :  and 

18.  To  make  all  laws,  which  fhall  be  neceffary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other  powers 
vefted  by  this  conftitution  in  the  government  of  the  United  States, 
pr  in  any  department  or  officer  tliereof. 


« 


^.5 


7^ 

.-I 


lecfunties 


SBCT.  It,  .'. -'^"' 'f/f  ':::'■-'' 

1.  The  migration  or  importation  of  fuch  perfons,  as  any  of  thie 
iktes  now  exifting,  fhall  think  proper  to  admit,  fhall  not  be  prohibit- 
ed by  the  Congrefs,  prior  to  the  year  one  thoufand  eight  hundred 
and  eight :  bat  a  tax  or  duty  may  be  impoTed  on  fxich  importation, 
not  exceeding  ten  dollars  for  each  pcrfon. 

2.  The  privilege  of  the  writ  of  habeas  corpus  fhall  not  be  fufpend- 
ed,  unhfs  when,  in  cafes  of  rebellion  or  inva£on,  the  public  ikfety 
may  require  it. 

3.  No  bill  of  attainder,  or  ex  poft  fa^o  law,  fhall  be  pkfled. 

^'    4.  No  capitation  or  othet  direft  tax  fhalJ  be  laid,  unlefs  in  propor- 
tion to  the  cenfiis  or  enumeration  herein  beforedirefled  to  be  talcen. 

5.  No  tax  or  duty  (hall  be  laid  on  ardcles  exported  from  any  flate. 
No  preference  fhall  be  given,  by  any  regulation  of  commerce  or  re- 
ventte,  to  the  ports  of  one  ftate  over  thofe  of  another :  nor  fhaU 
vefTels,  bound  to  or  from  one  ftate,  be  obliged  to  efttcr,  clear,  or  pay 
duties  in  apotber. 


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50    CONSTITUTION  OF  THE  UNITED  STATES. 

•  6.  No  money  (hall  be  drawn  from  the  treafury,  but  in  confequence 
of  appropriations  made  by  law  :  and  a  regular  (latement  and  account 
of  the  receipts  and  expenditures  of  all  public  money  (hall  be  publi(hed 
from  time  to  time. 

7.  No  title  of  nobility  (liall  be  granted  by  the  United  States.  And 
no  perfon,  holding  any  o(fice  of  profit  or  truft  under  them,  (hall, 
without  the  confent  of  Congrcfs,  accept  of  any  prefent,  emolument, 
office,  or  title,  of  any  kind  whatever,  from  any  king,  prince,  or 
foreign  ftate. 

SECT.    X. 

1.  No  (late  (hall  enter  Into  any  treaty,  alliance,  or  confederation  } 
grant  letters  of  marque  and  reprifal ;  coin  money  ;  emit  bills  of  cre- 
dit ;  make  any  thing  but  gold  and  filver  coin  a  tender  in  payment  of 
debts ;  pafs  any  bill  of  attainder,  ex  poft  faAo  law,  or  law  impairing 
the  obligation  of  contracfts,  or  grant  any  title  of  nobility. 

2.  No  (late  (hall,  without  the  confent  of  Congrefs,  lay  any  impofts 
or  duties  on  imports  or  exports,  except  what  may  be  ubfolutely  nc- 
celTary  for  executing  its  infpc<5lion  laws ;  and  the  net  produce  of  all 
duties  and  impods,  laid  by  any  (late  on  imports  or  exports,  (hall  be 
for  the  ufe  of  the  treafury  of  the  United  'itates ;  and  all  fuch  laws 
(hall  be  fubjedt  to  the  revifion  and  controul  of  the  Congrefs.  No  ftate 
(hall,  without  the  confent  of  Congrefs,  lay  any  duty  on  tonnage, 
keep  troops,  or  (hips  of  war,  in  time  of  peace,  enter  into  any  agree- 
ment or  corapad  with  another  ftate,  or  with  a  foreign  power,  or  en- 
gage in  war,  unlefs  atflualiy  invaded,  or  in  fuch  imminent  danger  as 
w'ul  oot  admit  of  delay. 


ARTICLE    II, 


■■y 


"•/       '-■:  -:-^.    SECT,   I.    -        -;   ;,-  ;     •■;'*•    •  ;'  ;  ■  ."    ■'" 

1.  The  executive  power  (hall  be  vefted  in  a  Prefident  of  the 
United  States  of  America.  He  (hall  hold  his  o(Hcc  during  the  term 
of  four  years,  and,  together  with  the  vice-pre(ident,  chofen  for  the 
fathe  term,  be  eledled  as  follows  : 

2.  Each  ftate  (hall  appoint,  in  fuch  manner  as  the  legiflature  tliere- 
of  may  direft,  a  number  of  eledors,  equal  to  the  whole  number  of 
(enators  and  reprefentntives,  to  which  the  ftate  may  be  entitled  in  the 
Congrefs.  But  no  fenator,  or  reprefentative,  or  perfon  holding  any 
office  of  truft  or  profit,  under  the  United  States,  (hall  be  appointed 
an  eleAor. 

3.  The  eleflors  ftiall  meet  in  their  refpcftive  ftates,  and  vote  by 
ballot  for  two  perfons,  of  whom  one,  at  leaft,  (hall  not  be  an  inha- 
bitant of  the  fame  ftate  with  themfelves.  And  they  (hall  make  a  lift 
of  all  the  perfons  voted  for,  and  of  the  number  of  votes  for  each  ; 
which  lift  they  (hall  fign  and  certify,  ami  tranfmit  fealed  to  the  feat  of 
the  government  of  the  United  States,'  cfiredted  to  the  prefident  of  the 
fenate.    Th<>  prefident  of  the  fehate  (hall,  in  the  prefence  of  tl^e>, 


%^ 


CONSTITUTION  OF  THE  UNITED  STATES,     sr 


ing  any 
>pointed 

vote  by 
iti  inha- 
Ike  a  lift 

-  each ; 

:  feat  of 
It  of  the 


fenatc  and  houfe  of  reprcfentatives,  open  all  the  certificates,  and  the 
votes  fhall  then  be  counted.  The  ncrfon  having  the  greated  number 
of  votes  (hall  be  the  prefident,  if  iuch  number  be  a  majority  of  th« 
whole  number  of  ele*flors  appointed  ;  and  if  there  be  more  than  one 
who  have  fuch  majority,  an  1  have  an  equal  number  of  votes,  then 
the  houfe  of  reprelentattves  (hall  immediately  choofe  by  ballot  one  of 
them  for  prefident :  and  if  no  ncrfon  have  a  majority,  then,  from 
the  five  htghed  on  the  lift,  the  faid  houfe  lliall  in  like  manner  choofe 
the  prefident.  But  in  choofmg  the  prefident,  the  votes  (hall  be  taken 
by  (lates,  the  reprefentation  from  each  ftate  having  one  vote  :  a  quo* 
rum  for  this  pnrpofe  (hall  confift  of  a  member  or  members  from  two< 
thirds  of  the  uates :  and  a  majority  of  all  the  ftates  (hall  be  necc(rary  to 
a  choice.  In  every  cafe,  after  the  choice  of  the  prefident,  the  per< 
fon  having  the  greatcft  number  of  votes  of  the  eleiflors,  (hall  be  the 
vice-prefident.  But  if  there  (hould  remain  two  or  more,  who  have 
equal  votes,  the  fenate  (hall  choofe  from  them,  by  ballot,  the  vice- 
prefident. 

4.  The  Congrefs  may  determine  the  time  of  chooflng  the  ele(5lnrs, 
and  the  day  on  which  they  (hall  give  tlieir  votes  ;  which  day  fhall  be 
the  fame  throughout  the  United  States. 

5.  No  perfon,  except  a  natural  born  citizen,  or  a  citizen  of  the 
Unittd  States,  at  the  time  of  the  adoption  of  this  conflitution,  (hall 
be  eligible  to  the  ofHce  of  prefident.  Neither  fl'all  any  perfon  be  eli- 
gible to  that  ofHce,  who  (hall  not  have  attained  to  the  age  of  thirty^ 
five  years,  and  been  fourteen  years  a  refident  within  the  Unittd  States., 

6.  In  cafe  of  the  removal  of  the  prefident  from  ofHce,  or  of  his 
death,  reflgnation,  or  inability  to  difcharge  the  powers  and  duties  of 
the  faid  ofBce,  the  fame  (hall  devolve  on  the  vice-prefldent ;  and  the 
Congrefs  may,  by  law,  provide  for  the  cafe  of  removal,  death,  refig- 
nation,  or  inability,  both  of  the  prefident  and  vice-prefident,  declaring 
what  officer  fhall  theiv  aA  as  prefident :  and  fuch  officer  fhall  aft  ac- 
cordingly) until  the  difability  be  removed,  or  a  prefident  fhall  be 
•le^ed. 

7.  The  prefident  fhall,  at  ilated  times,  receive  for  his  fervices,  a 
compenfation,  which  fhall  neither  be  increafed  nor  diminifhed,  dur> 
ing  the  period  for  which  he  fhall  have  been  elected  :  and  he  fhall  not 
receive,  within  that  period,  any  other  emolument  from  the  United 
States,  or  any  of  them. 

8.  Before  he  enter  on  the  execution  of  his  office,  he  fhall  take 
the  following  oath  or  affirmation : 

"  I  do  folemnly  fwear  (or  affirm)  ♦hat  I  will  faithfully  execute 
"  the  office  of  Prefident  of  the  United  States ;  and  will,  to  the  beft 
"  of  my  ability,  preferve,  protef)^,  and  defend  the  conftitution  of  the 
"  United  States.'* 

Vy.-' -:.;,,,  SECT.    U,       ,'  '''       '     -■-':,-■' 

I.  The  prefident  fhall  be  commander  in  chief  of  the  army  and 
navy  of  the  United  States,  and  of  the  militia  of  the  feveral  ftates, 
when  called  into  the  actual  fervice  of  the  United  Sates.     He  jnay 


m 


i 


5a    CONSTITUTION  OF  THE  UNITED  STATES. 

require  the  opinion,  in  writing,  of  the  principal  officers  in  each  of 
the  execudve  departments,  upon  any  fubjeA  relating  to  the  duties  of 
their  refpeAive  offices :  and  he  (hall  have  power  to  grant  reprieves 
and  purdons,  for  offences  againft  the  United  States,  except  in  cafes 
p£  impeachment. 

•:  a.  He  (hall  have  power,  by  and  with  the  advice  and  confent  of 
the  fenate,  to  make  treaties,  provided  two-thirds  of  the  fenators  pre- 
fent  concur :  and  he  fhali  no:  ninate,  and  by  and  with  ^e  advice  and 
confent  of  the  fenate,  (hall  appoint  amba(radors,  other  public  minil^ 
ters  and  qonfuls,  judges  of  the  fupreme  court,  and  all  other  officers  of 
the  United  States,  whofe  appointments  are  not  herein  otherwife  pro- 
tided  for,  and  which  (hall  be  eftabli(hed  by  law.  But  the  Congrefs 
may,  by  law,  veft  the  appointment  of  fuch  inferior  o(ficers,  as  they 
think  proper,  in  the  preddent  alone,  in  the  courts  of  law,  or  in  the 
heads  of  departments. 

3.  The  pre(ident  (hall  have  power  to  (ill  up  aH  vacancies  that  may 
happen,  during  the  recefs  of  the  fenate,  by  granting  commilEonsy 
which  fhall  expire  at  the  end  of  their  next  feflton. 


'       .  SECT.    III. 

He  (hall,  from  tinie  to  time,  give  to  the  Congreft  information  of 
the  ft^te  of  the  Union  ;  and  recommend  to  their  confideration  fuch 
meafure;  as  he  fhall  judge  neceffary  and  expedient.  He  may,  on 
extraordinary  occafions,  convene  both  houles,  or  either  of  them, 
and,  in  cafe  of  difagreement  between  diem,  with  refpedt  to  die  time 
of  a^oumment,  he  may  adjourn  them  to  fuch  time  as  he  fhall  think 
proper.  He  (hall  receive  ambaffadors  and  other  public  niinifters. 
He  fhall  uke  care  that  the  laws  be  faithfully  executed ;  and  fhall 
commiffion  all  the  officers  of  the  United  States. 


SECT.    IV. 


The  prefldent,  wce-prefident,  and  all  civil  officers  of  the  United 
States,  fliall  be  removed  from  office,  on  impeachment  for,  and  con- 
viction of,  treafon,  bribery,  or  other  high  crimes  and  raifderaeanors. 


?^1f 


ARTICLE    III. 


i: 


MCT.    I. 

The  judicial  power  of  the  United  States  fhall  be  vefled  is  one 
fupreme  court,  and  in  fuch  inferior  courts,  as  the  Congrefs  may,  from 
time  to  time,  ordain  and  eflablifli.  The  judges,  both  of  the  fupreme 
aihd  inferior  courts,  fhall  hold  dieir  offices  during  good  behaviour ; 
and  fhall,  at  ftated  drees,  necme  for  their  fervices,  a  compenfadon, 
which  fhall  oot  be  dininUhed  during  their  continuance  in  u^re. 


CONSTITUTION  OF  THE  UNITED  STATES.    53 


titrl""^  "w 


SECT.    II. 


of 


1.  The  judicial  power  (hall  extend  to  all  cafes,  in  law  and  equity* 
arifing  under  this  coniHtution,  the  laws  of  the  United  Sutes,  and 
treaties  made,  or  which  (hall  be  made,  under  their  authority;  to  all 
cafes  affecting  ambafTadors,  other  public  mini(tcrs,  and  confuls ;  to 
all  cafes  of  admiralty  and  maritime  jurifdidtion  ;  to  controverfics  to 
which  the  United  States  (hall  be  a  party  ;  to  controverdes  betweeu 
two  or  more  (tates,  between  a  (late  and  citizens  of  another  (late, 
between  citizens  of  different  dates,  between  citizens  of  the  fame 
(late,  claiming  lands  under  grants  of  different  .latcs,  and  between  a 
(late,  or  the  citizens  thereof,  and  foreign  ftates,  citizens,  or  fubjeiJls. 

2.  In  all  cafes,  affedling  ambaifadors,  other  public  mlniflers,  and 
conluls,  and  thofe  in  which  a  (late  (hall  be  a  party,  the  fupreme  court 
(hall  have  original  jurifdi(5lion.  In  all  the  other  cafes  before  men- 
tioned, the  fupreme  court  (hall  have  appellate  jurifdi>5lion,  both  as  to 
law  and  fatft,  with  fuch  exceptions,  and  under  fuch  regulations,  as 
the  Congrefs  (hall  make. 

3.  The  trial  of  all  crimes,  except  in  cafes  of  impeachment,  (hall 
be  by  jury ;  and  fuch  trial  (hall  be  held  in  the  ftate  where  the  faid 
crimes  (hall  have  been  committed ;  but  when  not  committed  within 
any  (late,  the  trial  (hall  be  at  fuch  place  or  places,  as  the  Congrefs 
may  by  law  have  direited.  "        " . .       ^-i".  ;=  ;. 

SECT.    III. 

1.  Treafon  again.l  the  United  States,  fliall  confid  only  in  levying 
war-againft  them,  or  in  adhering  to  their  enemies,  giving  ihem  aid 
and  comfort.     No  perfon  (hall  be  convidod  of  treafon  unlefs  on  the' 
teftimony  of  two  witneffes  to  the  fame  overt  a(5l,  or  on  confeilion  in 
open  court. 

2.  The  Congrefs  (hall  hare  power  to  declare  the  punifhment  of 
treafon  :  but  no  attainder  of  treafon  (hall  work  corru]uion  of  blood, 
or  forfeiture,  except  during  the  life  of  tlie  perfon  attainted. 


,  J 

■J 


ARTICLE    IV. 


1     > 


SECT.    I. 


Full  faith  and  credit  (hall  be  given,  in  each  (late,  to  the  publid 
a£ls,  records,  and  judicial  proceedings  of  every  other  (late.     And 
the  Congrefs  may,  by  penal  laws,  prefcribe  the  manner  in  which 
fuch  adls,  records,  and  proceedings  (hall  be  proved,  and  the  effect ' 
thereof. 


SECT.    It, 


I.  The  citizens  of  each  ftate  (hall  be  entitled  to  all  the  privilcg^aj 
and  Ihimunities  of  citizens  in  the  fcreral  dates. 


'T-' 


54    CONSTITUTION  OF  THE  UNITED  STATES. 

2.  A  perfon  charged  in  any  {late  with  treafon,  felony,  or  other 
crime,  who  (hall  flee  from  julHce,  and  be  found  in  another  ftate, 
fhall,  on  demand  of  the  executive  authority  of  the  ftate  from  which 
he£ed,  be  delivered  up,  to  be  removed  to  the  ftate  having  jurifdic*. 
tion  of  the  crime. 

3.  No  perfon,  held  to  fervice  or  labour  in  one  ftate,  under  the 
laws  thereof,  efcaping  into  another,  (hall,  in  confcquence  of  any 
law  or  regulation  therein,  be  difcharged  from  fuch  fervice  or  labour  ; 
but  (hall  be  delivered  up  on  claim  of  the  party  to  whom  fuch  fervice  ^ 
or  labour  may  be  due. 

T V.,,  SECT.    III. 

1.  New  ftates  may  be  admitted  by  the  Congrefs  into  this  union  ; 
but  no  new  ftate  (hall  be  formed  or  eredted  within  the  jurifdiAion  of 
any  other  ftate — nor  any  (tate  be  formed  by  the  jundtion  of  two  or 
more  ftates,  or  parts  of  ftates — ^without  the  confent  of  the  legida- 
tures  of  the  ftates  concerned,  as  well  as  of  the  Congrefs. 

2.  The  Congrefs  (hall  have  power  to  difpofe  of,  and  make  all 
needful  rules  and  regulations,  refpefting  the  territory  or  other  pro- 
perty belonging  to  the  United  States  :  and  nothing  in  this  conftitu- 
tion  (hall  be  fo  conftrued,  as  to  prejudice  any  claims  of  the  United 
States,  or  of  any  particular  ftate. 


SECT.    IV. 


The  United  States  fliall  guarantee  to  every  ftate  in  this  union,  a 
republican  form  of  government ;  and  (hall  protedl  each  of  them  againft 
invadon,  and  on  application  of  the  legiflature,  or  of  the  executive 
(when  the  legiflature  cannot  be  convened)  againft  domeftic  vio^ 
lence.  * 


ARTICLE    V.  •  ' 

The  Congrefs,  whenever  two-thirds  of  both  houfes  (hall  deem  it 
necefTary,  (hall  propofe  amendments  to  this  conftitution,  or,  on  the 
application  of  the  legiflatures  of  two-thirds  of  the  feveral  ftates,  (hall 
call  a  convention  for  propofing  amendments,  which,  in  either  cafe, 
(hall  be  valid  to  all  intents  and  purpofes,  as  part  of  this  conftitution, 
when  ratified  by  the  legiflatures  of  three-fourths  of  the  ftates,  or  by 
conventions  in  three-fourths  thereof,  as  die  one  or  the  other  mode  of 
ratification  may  be  propofed  by  the  Congrefs ;  provided,  that  no 
amendment,  which  may  be  made  prior  to  the  year  one  thoufand 
eight  hundred  and  eight,  fliall  in  any  manner  affe(5l  the  firft  and 
fourth  claufes  in  the ,  ninth  feiftion  of  the  (irft  article  ;  and  that  no 
ftate,  without  its  confent,  (hall  be  deprived  of  its  ei^ual  fuilrage  in 
the  feoate. 


CONSTITUTION  OF  THE  UNITED  STATES.    Jj 


i  J 


in 


'   :  '  ARTICLE    VI. 

1.  All  debts  contracted,  and  engagements  entered  into,  before 
the  adoption  of  this  conftitution,  fhall  be  as  valid  againil  the  United 
States,  under  this  conflitution  as  under  the  confederation. 

2.  This  conftitution,  and  the  laws  of  the  United  States  which 
fhall  be  made  in  purfuance  thereof,  and  all  treaties  made,  or  which 
fhall  be  made,  under  the  authority  of  the  United  States,  fhall  be  the 
fupreme  law  of  the  land :  and  the  judges,  in  every  ibte,  (hall  be 
bound  thereby,  any  thing  in  the  conilitution  or  laws  of  any  flate  to 
the  contrary  notwithflanding. 

3.  The  lenators  and  reprefentatives  before  mentioned,  and  the 
members  of  the  feveral  flate  legiflatures,  and  all  executive  and  judicial 
ofHcers  both  of  the  United  States  and  of  the  feveral  ftates,  fhall  be 
bound  by  oath  or  affirmation,  to  fupport  this  confHtution ;  but  no 
religious  teil  fliall  ever  be  required  as  a  qualification  to  any  office  or 
public  truft  under  the  United  States.  .  jj^,-i^u 

.  -,■ .  ■  .  -'  ■■-  .        -a. 


ARTICLE    VIL 


•-'-AM5 


'-  The  ratificitio  of  tlie  conventions  of  nine  ftates  fhall  be  fufficiertt 
for  the  eftabii";.  w;  of  this  confUtutioB  between  the  ftates  fo  rati- 
fying the  fame.  :i^i  0:-^if.i-  i^xyi    -  «jfefi+ift^H':^"i^i^.  .. 

Done  in  convention  by  the  unanimous  confent  of  the  ftates  prefent, 
.^  the  feventeenth  day  of  September,  in  the  year  of  our  Lord  one 
^j-,  thoufand  feven  hundred  and  eighty  feven,  and  of  the  independence 
.  of  ^he  United  States  of  America  the  twelftli.     In  witnefs  where- 


sV. 


of,  &c. 


'>— --.,;<■/•?*,«?! 


.'a«^ 


:cit 


,  »(«     «-.AI.i  .w 


GEO.  WASHINGTON,  prefident. 


Netv-Hampjh'tre — ^John  Langdon,  Nicholas  Gilman.  Majfachufctts 
— Nathaniel  Gorham,  Rufus  King.  ConneSicut — Wm.  Samuel 
Johnfon,  Roger  Sherman.  New-Tork — Alexander  Hamilton. 
New-Jerfey — ^Wm.  Livingfton,  David  Brearly,  William  Pat- 
terfon,  Jonathan  Dayton.  Pennjylvanla — Benjamin  Franklin, 
Thomas  Mifflin,  Robert  Morris,  George  Clymer,  Tliomas  Fitz- 
fimons,  Jared  Ingerfoll,  James  Wilfon,  Gouverneur  Morris. 
Delaware — George  Reed,  Gunning  Bedford,  jun.  John  Dick- 
infon,  Richard  BafTet,  Jacob  Broom.  Maryland — ^James 
M'Henry,  Daniel  of  St.  Thomas  Jenifer,  Daniel  Carrol.  Vir- 
ginia— John  Blair,  James  Madifon,  jun.  North-Carolina—' 
William  Blount,  Richard  Dobbs  Spaight,  Hugh  Williamfon. 
South-Carolina — ^John  Rutledge,  Charles  Cotefworth  Pinckney, 
Charles  Pinckney,  Pierce  Butler.  Georgia — ^William  Few, 
Abraham  Baldwin. 


Jttejl, 


William  Jackson,  fec'y 


s-t. 


■i-'l   ,. 


\    V  t 


S6     AMENDMENTS  TO  THE  CONSTITUTION 


M-    '-',;■  .,■  E-  . 


ili 


m 
1 


i  otx 


■» 


CONGRESS  or  tbe  UNITED  STATES, 

.:r.j 

Begun  and  held  at  the  city  of  New- York,  on  Wednefday,  the 
fourth  o/  March,   one  thoufand  feven  hundrend  and  eighty-nine. 

The  convention  of  a  number  of  the  dates,  having,  at  the  time  of 
their  adopting  the  conftitution,  exprcffed  a  delire,  in  order  to 
prevent  mifc6nf)'ru<flions  or  abufe  of  its  powers,  that  further  de» 
,  Z^--  clarotpry  and  rellriftive  claufes  ftiould  be  added — and  as  extend- 
ing the  ground  of  public  confidence  in  the  government,  will  beft 

"    inlure  the  benificent  ends  of  its  inftitution— ■ 

RESOLVED,  by  the  fenate  and  houfe  of  reprefentatives  of  the 
United  States  of  America,  in  Congrefs  aiTembled,  two-thirds 
of  both  houfes  concurrin?.  That  the  following  articles  be  propofed  to 
the  legiflatures  of  the  feveral  ftates,  as  amendments  to  the  confti- 
tution of  the  United  States,  all,  or  any  of  which  articles,  when  rati- 
fied by  three-fourths  of  the  faid  legiflatures,  to  be  valid,  to  all  intents 
and  purpofes,  as  part  of  the  faid  conitituton,  viz. 

ARTICLES,  in  addltou  to,  and  amendment  of  the  conilitutlon  of 

1^         the  United  States  of  America,  propofed  by  Congrefs,  and  ratified 

,    by  the  legiilatures  of  the  feveral  flates,  purluant  to  the  fifth  article 

of  the  original  conftitution. 
"'  I.  After  the  firft  enumeration,  required  by  the  firft  article  of  the 
conftitution,  there  ftall  fee  one  reprefentative  for  every  thirty-thou- 
fand,  until  the  number  ftiall  amount  to  one  hundred ;  after  which, 
the  proportion  fliall  be  lb  regulated  by  Congrefs,  that  there  (hall  be 
not  lefs  than  one  hundred  reprefentatives — nor  lefs  than  one  repre- 
fentative for  every  forty  thoufand  perfcns — until  the  number  of  repre- 
fentatives fliall  amount  to  two  huftdrtd  ;  after  which,  ihe  propovtion 
fhall  be  fo  regulated  by  Congrefs,  that  there  fhail  not  be  kfs  than 
two  hundred  repiefcntatives,  nor  more  than  one  reprefentative  for 
every  fifty  thouiand  perfons. 

II.  No  lav/,  varying  the  compenfation  for  the  fervices  of  the  fena- 
tors  and  reprefentatives,  {hall  take  effect,  until  an  eledlion  of  feprc- 
fentatiA'cs  fliall  have  intervened. 

III.  Conyds  ftiall  mi^ke  no  law  refpeflirg  an  cflablifliment  of 
religion,  or  prohibiting  the  free  exercife  theicof,  or  abridging  the 
freedom  of  fpeech,  or  of  the  prcfs  ;  or  the  right  of  the  people  peace- 
ably to  aflemble,  and  to  petition  the  government  for  a  ledreis  of  griev- 
ances. 

IV.  A  well-regul;ited  militia  being  neccflary  to  the  fccurity  of  a 
free  ftate,  the  right  of  the  people  to  keep  and  bear  arms,  fliall  not  be 
infringed. 

V.  No  foldier  fliall,  in  time  of  per4ce,  be  quartered  in  any  houfe,  ; 
without  the  confent  of  the  owner ;  nor  in  time  of  war,  but  in  i'  . 
manner  to  be  prefcrited  by  law,  ,.vj- .. 


>l\^ 


or  THE  UNITED  STATES. 


5T 


VI.  The  right  of  the  people  to  be  fecure  in  their  perfons,  houfes, 
papers,  and  e^e^s,  againil  unreafonable  fearches  and  feizures,  fhail 
not  be  violated :  and  no  warrants  (hall  ifTue^  but  upon  probable 
caufe,  fupportcd  by  oath  or  affirmation — and  parliculaily  defcribing 
the  place  to  be  fearched,  and  the  perfons  or  things  to  be  fcized. 

VII.  No  perfon  ihall  be  held  to  anlwer  for  a  capital  or  otherwife 
infamous  crime*  unlcfs  on  a  prefentmcni  or  indi<flment  by  a  grand 
jury,  except  in  cafes  ariling  in  the  land  or  naval  forces,  or  in  the 
militia,  when  in  adlual  fervice,  in  time  of  war,  or  public  danger : 
nor  ihall  any  perfon  be  fubjcdl  for  the  fame  offence  to  be  twice  put  in 
jeopardy  of  lil'e  or  limb  ;  nor  (hall  be  compelled  in  any  criminal  cafe, 
to  be  a  witnefs  againll  himfeU  ;  nor  be  deprived  of  life,  liberty,  or 
property,  without  due  piocefs  of  law  :  nor  (hall  private  property  be 
taken  for  public  ufe,  without  jult  compenfation. 

VIII.  In  all  criminal  profccations,  the  accufed  (hall  enjoy  the 
right  to  a  fpeedy  and  public  trial,  by  an  impartial  jury,  of  the  ftate 
and  dillrid,  wherein  the  crime  (hail  have  been  committed ;  which 
diftrift  (hall  have  been  previoufly  afcertained  by  law ;  and  to  be  in- 
formed of  the  nature  and  caufe  of  the  accufation  ;  to  be  confronted 
with  the  witne(rcs  againd  him ;  to  have  compulfory  procefs  for  obr 
taining  witnelfes  in  his  favour  ;  and  to  have  the  alBlience  of  counfel 
for  his  defence. 

IX.  In  fuits  at  common  law,  where  tlie  value  in  ccntroverfy,  (hall 
exceed  twenty  dollars,  the  right  of  uial  by  jury  (hall  be  preferved  : 
and  no  fad  tried  by  a  jury,  (hall  be  otherwife  re-examined  in  any 
court  of  the  United  States,  than  according  to  the  rules  of  commoa 
law. 

X.  ExcelTivc  bail  (hall  not  be  required ;  nor  excefTive  fines  im» 
pofed  ;  nor  cruel  and  unufual  puniihments  infli'ited. 

XI.  The  enumeration,  in  the  conftitution,  of  certain  rights,  (hall 
not  be  conlhued  to  deny  or  difparage  others,  retained  by  the  people. 

XII.  The  powers,  not  delegated  to  the  United  States,  by  the 
conftitution,  nor  prohibited  by  it  to  the  States,  are  rcfcrved  to  the 
Ilates  refpeflivcly,  or  to  the  people.        f'  4     ;■  v,rt<v  ■ 


■■'>{' 


JtteJI. 


FREDERICK  A.  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 
JOHN  ADAMS,  Vice-prefident  of  the 
United  States  and  PreCdent  of  the  Senate, 


John  Beckley,  Clerk  of  the  Houfe  of  Reprefentatives.      •        ,    ; 
Samuel  A.  Otis,  Secretary  of  the  Senate.  i     ;','" 

N.  B.  By  the  returns  made  into  the  fecretary  of  ftatc's  ofHce, 
it  appears  that  the  firll  article  of  the  above  amendments  is  agreed  to 
by  only  fcven  (tales — the  fecond  by  only  four — and  therefore  thefe 
are  not  obligatory.  All  the  remainder,  having  been  rati(ied  by  nine 
(Ij^tes  are  of  etjuai  obligation  v/ith  the  conlHtuticn  itfelf. 


^1 

y  V  If 


A'. 


I      .  iU 


-5-         =■  i  «t.-^  f"    tit-        ¥t      St*    «,»4^*      < 


!*•?*-     tAr 


Kinclicatton  of  the  Treaty  of  Amity ^  Com^ 
merccy  and  Navl^atioriy  with  Qreat- 
JSritaiiu 


r        ''    • 


NUMBER  I. 


pilfllu 


iSi 

.  "  • .     A-"4*viif 

THE  Treaty  between  Great  Britain  and  America,  ha«  b6«6  ft" 
matter  of  Great  public  expeftation,  and  it  has  been  rendered 
mere  interefHng  by  the  time  and  manner  in  which  the  negociation 
originated. 

Before  the  revoktion  in  America,  the  people  of  the  then  colonies 
were  under  the  government  of  Great  Britain  ;  they  confidered  them^ 
felves  as  children  of  the  fame  family ;  their  trade  was  almoft  limited 
to  die  Britiih  dominions  ;  the  Americans  had  eftates  in  Great  Bri* 
tain,  and  monies  in  her  funds  :  an  extenfive  commerce  had  created 
innumerable  debts  and  connexions  between  the  two  countries,  which 
could  not  be  at  once  difcharged  and  diffolved. 

A  long,  expenfiTC,  and  bloody  war,  to  refift  the  unjuft  claims  of 
the  Britiih  parliament,  attended  with  many  infbnces  of  atrocious  cru- 
elty and  perfidy  on  the  part  of  the  Britifh  governors  and  comniand- 
ers,  alienated  the  iiffe(Jtions  of  the  great  body  of  Americans  from  the 
mother  country.  On  the  reftoration  of  peace,  however,  and  the 
Hcquifltion  of  independence,  the  enmity  of  the  Americans  gradually 
fubUded  ;  and  the  ufefulnefs  of  the  commerce  of  England  to  thefe 
ftatesjbeing  everywhere  experienced,  foon  revived  the  habits  of  friend- 
ly intercourfe  between  America  and  Great  Britain,  which  had  been 
interrupted  by  the  war — an  intercourfe  which  was  not  much  affefted 
by  the  controverfies  between  the  two  governments  on  account  of  the 
inexecution  of  the  treaty  of  peace.  Almoft  as  foon  as  the  accept- 
ance and  organization  of  a  conftitution  for  the  United  States  had 
given  them  a  national  capacity,  it  was  the  wilh  and  defire  of  Ame- 
rica to  form  a  commercial  treaty  with  Great  Britain  ;  and  Mr.  Jef- 
ferfon,  in  a  letter  to  Mr.  Hammond,  dated  Nov.  29,  1791,  requeil- 
ed  to  know  whether  he  was  authorifed  to  enter  into  a  negociation  for 
that  purpofe.  "       ^-    ^-     -^  ^^  '  ' 

The  circumftances  which  operated  to  defeat  the  attempts  of  diir 
executive,  and  the  controverfies  between  the  governments  of  the  two 
countries,  relative  to  the  non-fulfilment  of  the  treaty  on  one  fide  and 
the  other,  are  in  every  man's  recolledtion  ;  it  is  needlefs  to  mention 
them  here.  It  is  fufRcient  for  my  purpofe,  that  the  Prefident  was 
authorifed  by  the  public  wiflies,  to  negociate  a  commercial  treaty  with 
Great  Britain  ;  and  he  is  veiled  with  full  powers  for  this  purpofe  by 
the  conlUtution, 


-u      >• 


of 


accept- 
s  had 
Ame- 
.Jef- 
quell- 
lon  for 


VINDICATION  OF  Mr.  JAY's  TREATY.         59 

The  uniform  defire  of  Congrefs  on  this  fubjeft,  is  a  complete  an- 
fwer  to  all  cavils  about  the  exertion  of  the  Pred dent's  conflitutional 
powers.  It  was  the  nation,  the  United  States,  that  requeued  and 
urged  for  a  negociation. 

This  alfo  is  an  anfwer  to  the  men  who  fay,  the  people  of  America 
Cippofed  the  appointment  of  Mr.  Jay  as  envoy  extraordinary,  was  in- 
tended only  to  demand  and  procure  a  redrefs  of  wrongs,  and  indem- 
nification ror  fpoliations  on  our  trade ;  and  not  for  the  negociation  of 
a  commercial  treaty. — ^Whatever  opinion  people  formed  of  the  cm- 
bafly,  the  inftruftions  given  to  the  envoy,  were  in  purfuance  of  con- 
ftitutional  powers  ;  and  if  the  pe*"'  'e  irprifed  with   a  treaty     '* 

amity  and  commerce,  before  th  ^    xpec>      "t,  this  forms  no  objt. 
tion  to  the  treaty  itfelf. 

The  time  feled^ed  for  this  negociation,  and  the  exercife  of  the 
Frefident's  powers,  at  the  critical  moment,  when  the  public  mind 
in  America  was  in  a  violent  flame,  on  account  of  the  feizure  f  our 
veffels  by  Britifh  privateers,  and  when  hoftilities  were  expefi  i  be- 
tween the  two  countries,  however  offenfive  to  a  party  in  America, 
are  among  the  moft  fortunate  circumftances  of  this  whole  bufinefs. 

T(he  fequeftration  bill,  then  before  Congrefs,  involved  in  it  tha 
events  of  peace  or  war.  The  bill,  had  it  parted,  would  have  been 
conGdered  by  Great  Britain  equivalent  to  ifluing  letters  of  marque 
and  reprifal,  and  tantamount  to  a  declaration  of  hodilities  ;  and  pro«^ 
bably  that  aft,  had  it  been  fanftioned  by  the  feveral  branches  of  the 
legiflature,  would  have  plunged  us  into  the  prcfent  jnofl  calamitous 
war. 

Such  a  confequence  was  confidered  by  the  Prefident  as  little  lefs 
than  inevitable.  As  a  conftituent  branch  of  the  legiflature,  and 
chief  magiflrate  of  the  nation,  he  had  a  right  to  exert  the  powers  he 
poflefled — and  if  he  thought  the  houfe  of  reprefentatives  were  rafh  in 
their  meafures,  it  was  his  duty^  as  the  chief  guardian  of  the  public 
fafety,  to  exert  any  of  his  conftitutional  powers  for  the  purpofes  of 
arrefting  thofe  meafures.  It  was  as  much  his  right  and  his  duty  to 
interpole  negociaton  as  a  means  of  checking  any  meafures  that  he 
deemed  inconfiftent  with  our  national  intereft,  if  he  judged  that  the 
befl  means,  as  it  is  to  give  his  negative  to  a  bill  that  has  pafTed  the 
other  branches  of  the  legiflature,  when  he  judges  the  bill  unconfti- 
tutional  or  inexpedient. 

The  right  of  the  Prefident  to  interpofe  negociation,  at  the  time 
he  did,  cannot  be  difputed.  The  expediency  of  the  meafurewill  per- 
haps never  be  admitted  by  its  oppofers  ;  but  every  fubfequent  event 
has  ferved  to  convince  the  friends  of  our  prefent  adminiliralion,  that 
the  meafure  was  highly  expedient  and  the  time  well  chofen. 

That  the  Prefident  was  right  in  reforting  to  vl  peaceable  demand  oi 
indemnification  for  fpoliations  on  our  commerce,  is  capable  of  the 
higheft  proof.  The  law  of  nations  makes  it  a  duty,  on  the  part  of 
a  nation  thus  injured,  to  make  a  peaceable  rcquifition  of  damages  or 
reftoration  of  property,  from  the  aggrefiing  riailon,  before  the  cnm- 
Oiencement  of  hoftilities. 


^^r 


p*:- 

Zf 


^ 


;"*. 


■;k*.4-' 


60         VINDICATION  OF  Mr.  JAY's  TREATY, 

Vattel,  book  3,  chap.  3,  lays  it  down  in  the  mod  unequivocal 
language,  that  an  injured  nation  has  no  right  to  refort  to  force  for 
fatisfadion,  until  other  means  of  obtaining  it  have  proved  fruitlefs. 

In  conformity  with  this  principle  of  the  law  of  nations,  it  is  often 
ftipulated  by  treaty,  that  letters  of  marque  and  reprifal  fhall  not  be 
granted  by  an  injured  nation,  until  means  of  redrefs  have  been  fought 
in  the  ordinary  courfe  of  juftice.  Of  this  tenor  is  the  third  article 
of  the  treaty  of  navigation  and  commerce  between  Great  Britain  and 
Spain,  dated  1713. 

It  was  in  purfuance  of  this  moft  falutary  principle,  that  the  Prefi- 
dent  appointed  an  envoy  extraordinary  at  the  time  he  did;  and  it 
was,  undoubtedly,  in  other  refpe(fls,  highly  expedient ;  as  no  mo- 
ment could  be  more  eligible  for  a  negotiation  with  England,  than 
when  (he  was  engaged  in  an  expenfive  and  ifnfuccefsfiil  war  :  a  war 
that  entrenches  deeply  on  her  refources,  and  demands  a  minute  at- 
tention to  her  commercial  interefls. 

But  my  oppofers  will  fay,  "  We  admit  the  propriety  of  negocia- 
tion,  before  the  commencement  of  hoftilities  ;  but  we  contend  that 
our  envoy  (hould  have  been  reftri<5led  to  a  demand  of  the  wcftcrn 
pofls,  and  indemnification  for  lofTes  by  illegal  captures,  and  con- 
demnation of  our  vefTcls  and  property.  It  was  never  underftood, 
that  Mr.  Jay  had  inftrudtions  to  make  a  commercial  treaty." 

This  objeAion  amounts  to  noting,  and  defervcs  no  anfwer.  The 
Prefident  had  as  good  a  right  to  authorife  Mr.  Jay  to  conclude  a 
treaty  of  amity  and  commerce  as  any  other  man  ;  and  he  had  the 
fame  right  to  choofe  one  time  as  another. 

Having  made  thefe  preliminary  remarks  on  the  origin  of  this  ne- 
gociation  and  treaty,  I  will  proceed  to  anfwer  fuch  objeiftions  to  the 
treaty  as  have  come  to  my  knowledge. 

The  daily  invedlives  of  news-paper  paragraphifts  will  be  pafTcd 
without  notice.  This  is  treating  them  as  they  deferve  to  be  treated, 
and  as  they  are  in  fadt  treated  by  the  public. 

A  writer  in  a  morning  paper  under  the  fignature  of  Deciut,  ap- 
pears to  have  afTailed  the  treaty  with  more  ingenuity  than  any  other 
writer  whofe  arguments  I  have  read ;  and  it  is  probable  that  his 
writings  comprife  the  amount  and  force  of  all  the  objetSlions  that  are 
made  to  it.  I  fhall  therefore  take  his  objedions  in  the  order  they  are 
publifhed,  and  endeavour  to  prove  them  of  little  weight,  or  wholly 
unfounded. 

The  firft  remarks  of  this  writer  are  sumed  at  the  candour  and  inte- 
grity of  the  twenty  members  of  the  fenate,  who,  he  infinuates,  rati- 
fied the  treaty  from  motives  of  party  fp'.rit.  He  does  not  indeed  ex- 
empt the  minority  from  the  fame  cenfure  of  their  condu^ft.  But  what 
refutes,  the  infinuation  is,  the  rejeftion  of  the  twelfth  article  by  the 
men  thus  criminated.  Certainly  the  fpirit  of  party  was  not  the  go- 
verning motive  ;  for  party  fpirit  is  unconceding,  and  goes  all  lengths 
to  carry  its  points.  The  rejeftion  of  that  article,  becaufe  it  en- 
trenches too  much  on  our  carrying  trade,  in  the  opinion  of  thofc 
gentlemen,  is  a  proof  that  the  intereft  of  commerce  and  the  publtc  good 


BY  CURTIUS. 


6l 


iBc  good- 


were  the  motives  of  their  condudt  in  aiTenting  to  every  other  part  of 

the  treaty. 

His  next  remark  is  levelled  at  the  fecrecy  of  the  fenate*  in  con- 
ducing the  debates  on  the  Treaty.  **  Is  not  this  fecrecy  alone,  (fays 
Deem,)  a  proof  that  the  fenate  conceived  it  difgraceful  and  prejudi- 
cial to  die  United  States  V* 

Let  me  aflc  that  writer  a  candid  queflion  :  Has  not  every  treaty 
which  we  have  made  with  other  nations  been  concluded  and  ratified 
in  fecret  ?  And  is  there  one  of  thofe  treaties  difgraceful  or  prejjidicial 
to  our  nation  ?  No  obje<5lion  was  formerly  made  to  thefe  fecret  ra- 
tifications. Why  (hould  reafons  now  exift  for  opening  the  difcuifion 
of  treaties  to  the  people,  which  did  not  exi(l  in  1783  and  1785  ? 
The  reafon  is  obvious  :  Americans  were  formerly  under  no  influence 
but  that  of  propriety  ;  they  adted  themfelves — Now  a  party  of  them 
have  deferted||he  principles  which  formerly  guided  our  councils,  and 
appear  to  be  ambitious  only  of  finding  opportunities  to  rail  at  all  lleady 
wifdom,  and  to  commit  our  intcreih  to  pafTion  and  party. 

The  fecrecy  of  negociations  with  foreign  powers,  through  every 
ftage  of  the  bufinefs,  is  dictated  by  found  policy.  By  making  treaties 
public  before  they  arc  ratified,  advantages  would  often  be  lofl,  and 
by  deflroying  confidence  and  freedom  of  communication,  the  bufinefs 
would  be  often  impeded  or  wholly  defeated.  Nothing  marks  the 
fenfe  of  mankind  on  tliis  fubjedt,  bq^ter  than  the  practice  of  indivi- 
duals, who  generally  ufe  fecrecy  in  all  important  contradls  of  their 
own.  This  common  pradice  is  a  proof  of  its  utility.  Much  more 
neceffary  is  it  in  treaties,  which  are  national  contraAs  or  conven- 
tions. 

Another  remark  of  Dec'tus,  worthy  of  notice,  is,  that  the  "  firl 
impreflions  made  by  the  treaty  were  unfavourable — all  men  and  all 
rawij  [what  ranks  ?  this  writer  has  certainly  forgotten  one  article  of 
democracy— ^y«o/f/y]  united  in  condemning  it." 

This  remark  has  fome  foundation,  and  the  faift  is  eafily  accounted 
for.  The  firft  impreflions  on  the  minds  of  the  public  were  made  by 
an  abflraft  of  the  treaty,  which  was  publifhed  incorre(Jlly,  and  there 
are  ftrong  fufpicions  that  it  was  done  with  the  infldious  view  of  ex- 
citing impropei  imprclTions.  The  abllra>fl  was  faid  to  have  been 
made  from  memory.  This  cannot  be  true.  It  is  not  in  the  power 
of  man,  after  the  niofi  careful  perufal,  to  make  fo  large  an  abf trad, 
without  the  help  of  notes,  of  twenty-eight  articles  of  a  treaty,  with- 
out intermixing  the  articles  in  the  fketch.  The  bufinefs  muft  have 
lieen  done  with  defign  ;  and  it  v/as  inexcufab'le  in  any  man  to  offer 
to  the  ])ublic  zjietch,  much  more  an  Incorre^  one,  of  fo  important  an 
inllrument. 

Thefe  unfavourable  impreffions,  however,  anfwered  the  views  of 
men  who  perfedly  well  underflood  the  importance  o( prep^/f-i/'"^  the 
puMic  mind.  They  c:.-citcd  a  temporary  clamor,  and  have  perhaps 
made  a  few  weak  friends  to  an  expiring  caule. 
*  But  the  clamor  of  the  moment  fubfidsd  on  reading  a  correft  copy 
idf  the  treaty — men  all  ajjreed  it  was.  not  fb  bad  as  they  expedled. 


Ill 


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■r  I      I 


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«i         VINDICATION  OF  Mr.  JAY's  TREATY, 

Still  nviy  well  meaning  people  do  aot  wwlerftand  it ;  and  cvary  p«f> 
fible  effort  is  ufcd  to  dii^ort  and  mifcondrue  fome  paflagei  m  th« 
treaty  «vhi«h  afTeA  the  commerce  of  the  country. 

The  violent  cenfiure  of  the  treaty  which  pravailed  or  ka  firft  fiib> 
lication,  in  flceieton,  and  the  moderation  of  Uw  claaior  on  further 
perufal  of  it,  indead  of  bein^  a  proof  that  the  treaty  it  in  itfelf  baiU 
is  a  fubftantial  argument  in  its  favor — it  is  a  proof  tha|  it  beats  exa- 
minatien — and  it  is  a  proof,  further,  of  what  w«  fliould  all  regret, 
that  the  pajjiont  of  men  eutflrip  their  jr/^wMr. 

Should  the  final  rcfult  of  the  bufinefs  prove  to  be,  what  I  am  eon* 
fident  it  will  be,  a  general  conviction  that  the  treaty  is,  on  the  whole, 
a  favourable  one  for  the  United  States,  and  the  mofl:  fiivourable 
of  any  treaty  we  have  yet  formed )  the  public  will  view  with  indig* 
nation,  the  infidious  auempts  that  have  been  made  to  excite  a  fcr« 
ment,  and  oppofition  to  its  ratification,  as  well  as  to  load  with  vOn 
merited  cenfure,  the  able  minifter  who  conduScd  the  negociaioo. 

CURTIU8. 

NUMBER    II. 

THE  preamble  of  the  Treaty,  fays  Decm^  is  not  free  from  ob-* 
jeAions.  It  flates  that  the  differences  between  the  e<(untrieft 
s»'e  to  be  termbated  <*  without  reference  to  the  mertis  ol*  their  com* 
daints."  Deems  fays,  the  merits  of  the  controverfy  fhould  never  be 
loil  fight  of.  But  when  this  expreffion  is  explained,  I  believe  eveiy 
oandid  man  will  juflify  it  in  the  prefent  inftance. 

The  merits  of  the  complaints^  in  this  inftance,  refer  fblely  to  tht 

Jueftion,  which  party  firft  violated  the  treaty  of  Peace.'*  On  the 
rft  opening  of  the  negociation  between  the  minifters  of  the  two 
countries,  this  became  an  important  point  of  difcuffion.  The  Ame- 
rican envoy  alleged  the  firft  breach  of  the  treaty  to  be  on  the  pact  of 
Great  Britain,  and  mentioned  the  carrying  away  of  the  negroes. 

The  Eoglith  minifter  maintained  that  this  was  119/  a  violation  of 
4ie  treaty.  As  this  fubied  has  occafioned  as  much  altercation  as  any 
point  between  the  two  countries,  and  as  the  filence  of  the  prefent 
.  treaty  on  that  fubjefl:,  is  the  ground  of  violent  clamour,  I  will  anti^ 
cipatc  a  confideration  of  this  point,  which  would  more  pcoperly  fall 
under  a  fubfequent  article. 

Whenever  our  minifters  have  urged  the  claim  of  reftitution  w  com- 
petition for  the  negroes,  the  Britilh  miniftry  have,  invariably,  anr 
iwered  them  with  the  following  remarks  : 

**  The  negroes  carried  from  America  by  the  Britifh  armies,  were 
taken  by  the  troops  on  their  marches  through  the  countiy,  or  came  is 
by  proclamation,  and  put  themfelves  under  our  '))rotedion. 

**  The  claufe  of  the  treaty  on  which  you  grotind  your  claim  ia  in 
the&  words—"  His  Britannic  Majefty  fhall,  with  all  convenient 
^ed,  and  without  caufing  any  deftru^ion,  or  carrying  away  any  ne- 
rroes  or  otier  porperty  of  the  Idnuricatt  inhabitants,  withdraw  alLhii 
icmies,  &<;."      , 


ifi»!l 


'  in  nil 


■% 


BY  CURTIUS, 


«« 


w  com- 
tUy»  ftOr 

les,  were 
came  is 

laim  19  ie 
Invenient 
any  net- 


M  By  tke  iswt  of  the  Amcrtcin  ftates,  negrofet  are  c4iBfidttr4d  m 
property  as  much  as  cattle  ;  you  claim  them  at  prtpeNy  for  tli«  men 
vrho  were  their  proprietors.  By  the  kws  of  'wvj  HaiverfaHy  aAnit- 
i«d,  every  fpecic*  of  moveable  property  f«und  an4  takeo  in  »n  eti»> 
my'a  country^  becomcB  the  property  ol  the  captors.  By  the  (cbure 
and  poflefHon  of  the  negroei»  the  Britiih  armies  b«camc  the  rightlu! 
owners }  the  negroes  were  kwtyt  as  mack  as  the  horfes  ind  cattle 
taken  by  the  fame  troops. 

<*  Soppofe  an  American  boat  loaded  \rith  ^oods,  t*  be  tkkcn  cd 
one  of  your  rivers  in  the  time  of  war,  would  not  that  boal  ttod 
toods  be  a  £iir  prise?  Sappofe  a  hoife  to  ftray  Into  the  BHtiih 
fines  and  be  taken,  would  not  that  horie  belong  t*  iht  captors^ 
Could  a  claifai  be  reaibnably  imerpofed  for  rellitution  or  con^ 
penfation  in  thefc  cafes  i  Whether  they  were  feduced  or  fotccd 
ii'om  the  plantations,  if  they  were  properly  %  that  property^  on  tiieir 
coming  into  poifefion  of  the  Britiih  army,  was  changody  according 
10  all  the  laws  of  war. 

'*  The  clauTe  of  the  treaty  contemplates  negroes  which  Were  Am9- 
rUan  property  at  the  date  of  the  ItipUktidn.  *  Negroes  or  otfur  pro- 
perty' are  Um  wonAs.  But  the  negroes  which  our  troops  had  taken 
m  their  marches,  or  which  had  put  themfelves  under  their  protcdikiDi 
were  not,  at  that  time«  the  pr^rty  of  Americans. 

*'  On  this  ceoftrudtion,  -which  we  hold  to  be  the  only  ration^ 
one,  that  claafc  of  the  treaty  will  not  maintain  your  clann.  The 
treaty  may  include  (laves  which  were  within  the  Brkiih  lines,  in 
pofleffion  of  their  American  mafters  ;  but  there  is  no  pretence  that 
Such  were  carried  away  by  the  Britifh  troops. 

<*  Befides,  we  cannot  furrender  negroes  which  came  into  our  Knes 
on  the  faith  of  proclamations,  without  a  violation  of  that  faith ; 
which  cannot  be  done.  We  proraifed  them  freedom  and  ptotcAion— *■ 
we  gave  them  that  freedom,  and  we  mu(l  proteA  them." 

Such  is  the  fubftance  of  the  miniftry's  reply,  to  the  claims  of  our  en- 
voy, which  were  repeatedly  urged  without  fuccefs.— And  the  Britifb 
miniftry  have  invariably  put  the  <ame  conftrui^tion  on  that  dauCe  of  the 
treaty  of  peace.     Indeed  it  feems  difficult  to  anfwer  this  rcafbning.   ; 

Either  tJie  ntgroes  xmtcjlmes  and  property ^  or  they  were  not.  If 
they  were  flavea  and  property,  as  confidered  by  the  laws  df  moft  df 
the  American  ftates,  the  Britifli  had  the  fame  right  to  feize  and  carry 
them  away  as  booty,  as  they  had  to  feize  and  carry  away  hories  and 
tattle}  a  right  of  war  that  was  never  dtipoted.  In  this  cafe,  the  property 
was  changed  the  moment  they  came  into  the  poileilton  of  the  Britim 
arinies;  and  at  the  date  of  the  treaty,  they  were  no*  American  pro- 
perty, and  confequently  mt  included  in  the  ftipiiation  of  the  treaty. 

If,  on  the  other  hand,  the  negroes  \vtxQ  frement  they  had  a  right 
to  put  tfiemfeWes:  under  Briti(h  prote€kioBy  and  we  have  no  (hadow 
of  claim  to  reftitution  or  compenfation. 

I  art)  one  who  believe  that  no  property  can  be  obtained  in  human 
dcfli,  suid  any  law  authorifing  the  purchafe  and  detention  of  a  hA- 
man  beings  as /r^r/jp,  is^  ipfo  fafto)  void.-~=6houid  this  pofition  b« 


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tf4        VINDICATION  OF  Mr.  JAY's  TREATY, 

well  foundcdi  >ve  have  not  a  (hadcw  of  prcterfion  to  the  ncgroc« 
carried  a\vAy  by  the  BritiOi  troops. 

But  the  1hw8  of  many  of  the  Oates  do  confider  them  as  property  > 
vrhether  rightfully  or  wrongfully,  is  not  now  the  qucftion.  If  we 
confider  them  as  fnperty,  they  are  to  be  ranked  among  fer/onal 
edates,  for  they  certainly  are  not  real  cdatc. 

Now  Mr.  Jcffcrfon,  a  man  of  eminent  talents,  and  the  oracle  of  my 
antagoniils,  admits,  in  the  fullefl  extent,  the  doctrine,  that  all  per- 
fonai  e(bte  is  rightfully  feizablc  by  enemies  in  war.  The  following 
art  his  vi  ordr : 

"  It  cannot  be  denied,  that  the  (late  of  war  (Iridlly  admits  a  na- 
tion to  feize  the  property  of  its  enemies,  found  within  its  own  limits, 
or  taken  in  war,  and  in  whatever  form  it  exids— whether  in  a(!;°}ion  or 
poffeffion." 

'  In  confirmation  of  this,  he  quotes  Bynkerfhoek,  1.  i.  c.  7.  who 
is  clear  and  explicit  on  the  fubjcA.  See  papers  relative  to  Great 
Britain,  publifhed  by  order  of  Congrefs,  p.  29.  This  doctrine  is  tlie 
uciverfal  law  of  nations. 

*'  As  the  towns  and  lands  taken  from  the  enemy,  are  called  con- 
quers, all  moveable  things  conftitute  the  iooty.  The  booty  belongs  to 
the  fovereign."     Vattel,  b.  3.  c.  9. 

In  the  interpretation  of  treaties  where  there  arc  two  con(lru6lions, 
the  one  favourable,  the  other  odious,  that  which  is  odious  is  always 
to  be  rejected :  and  what  can  be  more  odious  than  to  conflrue  this 
arti(^le  of  the  treaty,  fo  as  to  violate  faith  towarfis  the  wretched 
blacks,  and  render  them  back  to  the  whips  and  fcourges  of  flavcry  i 

At  any  rate,  this  point  of  the  bufincfs  the  Britifh  miniftry  will  not 
yield,  as  the  firft  infraction  of  the  treaty. 

Then  came  the  detention  of  the  weftern  pofls,  which  our  minifler 
alleged  to  be  a  breach  of  the  treaty,  anterior  to  any  violation  on  the 
part  of  the  United  States. — Here  was  introduced  the  conefpondence 
between  Mr.  JefTerfon  and  Mr.  Hammond,  and  Mr.  JefTerfon's  rea- 
foning  ort  the  fubjed.  '     .  • 

To  this  the  Britifh  minifter  anfwered,  by  referring  to  dates  of 
tranfaiStions. 

The  proviHonal  articles  between  Great  Britain  and  America,  were 
figned,  November  30th,  1782,  at  Paris;  and  notice  of  this  was  of- 
ficially received  by  Sir  Guy  Carlton,  April  5th,  1783.  But  the  de- 
finitive treaty  was  not  figned  till  September  3d,  1783,  and  the  rati- 
fications were  not  finally  exchanged,  till  fome  time  in  1784,  though 
I  do  not  know  the  day  and  month. 

A  treaty  is  binding  on  a  nation  from  the  moment  of  fignature  5  b»it 
its  ultimate  validity  depends  on  its  pafling  through  all  the  ufual  forms. 
According  to  the  modern  praftice,  the  exchange  of  ratifications  puts 
the  feal  to  the  validity  of  a  treaty,  and  gives  it  an  effeft  from  the 
time  of  fignature.     ' 

The  Britifh  miniflry  flate  that,  ex  gratia,  or  as  a  matter  of  conve- 
nience to  the  nation,  orders  were  given  to  Sir  Guy  Carleton  to  eva- 
cuate New- York,  immediately  on  flgning  the  provifional  articles  in 


BY  CURTIUS. 


«l 


ca,  were 

was  of- 

t  the  de- 

thc  rati- 

though 

but 


1783.  But  they  allege  they  were  not  boun«l  to  tlo  this,  until  they 
had  been  nctificd  of  the  ratification  of  thofe  articles  by  Congrds, 
which  could  not  have  ocen  till  the  middle  of  the  year  1784. 

The  demand  made  by  the  Baron  Stci.ben,  by  order  of  General 
Wa(hington,  of  the  furrender  of  the  weUern  rods,  and  the  fir(l  de- 
mand made,  was  by  his  letter  to  General  Haldimand,  dated  Au- 
guft  3,  fjf ,  .  At  this  time  the  Britifh  miniller  could  fcnrcely  have 
heard  whether  Congrcis  had  agreed  to  the  treaty  or  not ;  much  left 
could  any  orders  have  been  Tent  from  ihcm  to  Canada,  for  with- 
drawing the  troops  from  the  garrifon. 

Admitting  this  fa^,  that  the  Britilh  minifWy  were  not  ioutiti  by 
treaty  to  give  orders  for  the  troops  to  withdraw,  until  the  treaty  had 

Srone  through  its  ufual  forms,  then  the  detention  of  the  polls,  till 
ong  after  they  had  been  demanded  by  Baron  Steuben,  and  perhaps 
as  late  as  the  demand  of  Colonel  Hull,  in  July,  1 784,  was  julliiiable 
and  authorifed  by  the  praflice  of  nations. 

But  long  before  this,  Congrefs  had  declared  the  carrying  away 
of  the  negroes,  an  inflation  of  the  treaty  ;  and  in  May,  1793,  '^^^ 
fent  orders  to  our  foreign  miniders  to  rcmonflrate  agaioft  this  mea- 
fure,  and  demand  reparation. 

The  ftate  of  New- York,  fo  early  as  March  17,  1783,  paffed  an 
aft  authorifing  any  citizen  to  bring  anions  of  trefpafs  againft  any  per- 
fon  who  had  occupied,  or  injured  his  eftate,  real  or  perfonal,  within 
the  power  of  the  enemy.  This  was  an  exprefs  violation  of  the  6th 
article  of  the  treaty,  which  declares  that  no  pc-rfon  (hall  fuffer  any 
lofs  or  d;image,  or  any  profecution,  on  account  of  the  part  he  had 
taken  during  the  war.  And  Virginia,  in  Deccrrber,  1783,  pafled 
an  aft,  fufpending  executions  on  certain  judgments,  which  materially 
affcfted  Britilh  creditors.  South-Carolina,  in  March  1784,  follow- 
ed, and  palTed  an  aft  fufpending  all  aftions,  both  Britilh  and  Ame- 
rican, for  nine  months. 

Thefe  legal  impediments  to  the  recovery  of  old  Britilh  debts,  de- 
termined the  miniftry  not  to  furrender  the  pods,  but  to  hold  them  as 
a  fecurity  for  thefe  debts.  And  whatever  clamour  we  may  raife  about 
this  bufinefs,  we  may  be  aflured,  that  the  weftern  polls  will  never  be 
delivered  peaceably,  until  the  payment  of  thofe  debts  has  beenamni; 
fecured. 

I  have  been  thus  full  in  explaining  what  is  meant  by  the  merits  of 
•tompfaints,  in  the  preamble  of  the  treaty,  to  Ihow,  that  our  miniiler 
was  jultifiable  in  palling  over  the  difcuffion  of  a  point  of  extreme  diffi- 
culty— a  point  which  would  ha\'e  walled  time  and  emb'  iiT-.flcd,  per- 
haps defeated,  the  negociation.  The  queftion  of  xYitJirft  infraSion 
of  the  treaty  of  peace  had  been  ably  difcufied  before ;  and  at  the 
dole  of  the  controverfy,  the  parties  were  as  remote  from  the  proba- 
bility of  agreement  as  when  they  began. 

Neither  party  would  yield  the  point  to  his  antagonill.  The  Bri- 
tilh miniftry,  it  is  evidently  known,  are  determined  never  to  admit 
the  carrying  away  the  negroes  to  be  an  infraftion  tf  the  treaty,  and 


^      m 

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iilli 


^H        VINDICATION  OF  M«.  JAY'S  TREATY, 

they  are  equally  deterftiincd  not  to  fwrender  tb^  ireftcrn  |)ofts  wkW 
out  a  guarantee  for  the  payment  of  old  debts. 

In  this  Htuation,  vras  it  not  prudent  and  W^e  td^s  orer  the  firA 
itt^As  of  criiftinauon,  and  proceed  to  an  amicable  adjufttftent  of  all 
dimrences,  if  it  could  be  donci  without  attempting  to  decide  whb 
firft  infringed  the  treaty  ?  I  ati  perfLaded  that  erery  Candid  mm 
who  reads  this  explanation  of  the  bufioefs*  will  be  .Adly  UxkHed  with 
the  conduA  of  our  envoy. 

[Note.  I  generally  ufe  the  word  envoy  or  minider,  in  the  fingv- 
Jar,  as  referring  to  Mr.  Jay,  the  principal  in  the  negociiition.  But  it 
is  proper  to  ofajcrve  once  for  all,  that  Mr.  Jay,  by  order,  conununi- 
icated  his  inftru(£Uon«  to  Mr.  Pinckney,  confulted  him  on  every  poiot, 
and  that  tlie  trea^  Mid  every  article  of  it  had  the  apptobation  of  that 
fBiuleman.3  CU  8.T JUS.  ., 


■■■**\ 


NUMBER    IIL 


:i'^: 


THE  iirft  arucle  of  the  Tnea^  contains  words  of  courfe,  ^rfilcn 
deferve  no  notice. 

Article  t.  ,       ^ 

Tiie  firfl  obje^ion  made  to  this  article  is  the  inexpKcitneis  of  it. 
It  is  faid  that  the  article  fhould  have  defined  from  wkat  plaat  his 
Majefty  was  to  withdraw  his  troops. 

The  anfwer  to  this  obje^ion  is,  that  there  is  sot  any  difpute  about 
^  boundary  line  of  the  United  States,  except  at  the  north-eaft  ex- 
jtxemity,  on  St.  Croix  river.  The  poiis  which  we  claim  are  acknow- 
ledged to  be  in  the  United  States.  It  is  poiTible,  that  the  Britilh 
pfficers  at  feme  of  thofe  places,  as  a  pretext  for  feme  purpofes  of  their 
own,  may  have  pretended  they  were  on  their  own  ground ;  but  I  ne- 
ver heard  it  fuggelied  that  the  miniAry  difpute  the  boundary  line,  at 
or  near  ^y  of  the  garrifoned  places. 

The  time  afligned  for  the  evacuation,  is  faid  to  be  too  diiiant.  But 
if  we  calculate,  we  (hall  find  no  ground  for  .this  objection.  There 
tras  required  time  to  exchange  ratifications,  and  then  for  orders  to  he 
diipatched  from  England,  to  the  fartheft  poft  weftward  If  we  al- 
low a  reaibnable  time  for  thefe  tranfadtions,  it  will  require  the  whole 
period  affiled  by  the  treaty. 

The  jurifdiiStLon  of  a  miutary  poft  will  doubtlefs  be  confidered,  the 
ceach  of  a  cannon  Ihot,  or  a  league. 

**  Laftly,  (fays  Deciut)  as  the  treaty  of  peace  gave  us  thefe  pofts, 
what  great  benefit  is  obtained  by  this  ar  'M  i  Who  would  regard  the 
fecond  promife  of  a  man,  who  had  already,  without  an  excufe,  vice 
hted the  firft?" 

But,  Dtciiu  will  pleafe  to  remember,  that  there  are  two  fides  tp 
a  queftion — ^The  legal  impediments  to  a  coile^ion  of  old  debts  were 
an  exi^ufe  for  the  detention  of  the  pofts  which  they  deemed  futficieai. 


il- 


BVCURTIUS* 


^ 


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Dt.  dut 

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irs  to  be 
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whok 


tf  w<  tmaifif  nitlt  tlw^fixtli  article,  Or««t  Bmsn  wilt  oooiequentif 
cofflpty  with  the  i«G«KL 

Article  3. 

Even  thii  «nicl«  of  die  treaty,  whieh  breaks  down  the  barriers 
which  have  hitherto  ebftrudkd  our  trade  to  Canada*  and  opens  a : 
genera)  intercourfe  upon  moft  liberal  principles,  has  not  efcaped  criti- 
cifm  and  cenfure.  Deeius  fays,  the  advantages  in  this  article  are  on 
the  fide  of  Great  liiitain  ;  and  the  reafon  affigned  is,  that  the  extent 
of  the  United  States  is  greater  than  that  of  the  Britifh  territories. 
Now  this  is  the  very  reafon  why  the  advantages  of  this  article  are  in 
favor  of  the  United  Sutes.  1 

What  is  the  pre&nt  ftate  of  trade  between  Canada  and  the  United 
States  i  an<I  what  will  its  fituation  be  under  the  treaty  i  This  is  a. 
ffur  way  of  determining  the  goodnefs  of  the  treaty. 

In  the  pr^nt  (late  of  things,  almoft  all  trade  is  prohibited  on  thv^ 
part  of  Canada.->-Not  a  (kin  in  the  fur^trads  can  be  brought  into  the 
United  States  except  by  ilealth.  This  prohibition  makes  the  little 
trade  in  peltry,  now  a(fluaUy  carried  on,  very  hazardous,  and  raifes 
the  article  to  a  very  high  price.  The  peltry,  it  muft  be  admitted,  is 
almofl:  all  colledted  within  the  Britiih  territories  ;  the  Britiih  have 
command  of  it  by  right ;  and  the  removal  of  thofe  garrifons  to  the 
other  fide  of  the  lakes,  without  a  removal  of  the  prohibition  on  the 
peltry  trade,  would  not  have  been  of  much  advantage  to  the  United 


J-t'^U.,.- 


States. 

We  have  then  every  tlung  to  gain  by  a  free  interconrfe— the  Bri.*. 
tifl),  every  thing  to  hue,  fo  far  as  regards  thti  treuk, 

Declus  fays,  *'  the  fur-trade  wi^l  probably  fall  altogether  into  the 
hands  of  Britifli  traders.*'  This  is  a  moft  extraordinary  fujf  o- 
iition. 

The  tnith  is,  the  peltry-trade  now  is  all  in  their  hands — What  we 
irant  is  to  get  that  out  of  their  hands.  That  is,  we  want  to  obtain 
%  ^are  of  that  trade  on  equal  terms  with  Britifh  ful^e^s.  This  we 
have  obtained  by  the  article  under  confideration. 

What  right,  what  pretence  have  we  to  a  monopoly  of  that  trade  } 
Do  we  exped  that  Great  Britain  would  permit  us,  as  Declus  fays, 
**  to  lecore  to  ourfelves  the  whole  fur-trade  V  To  demand  fuch  a 
privilege  on  our  part  would  be  extr.iv.igant  and  ridiculous.  •;-'"• 

The  trade  by  the  third  article  of  the  treaty,  is  placed  on  a  iM 
and  liberal  footing. — Both  parties  are  free  to  ufe  all  the  rivers  and 
lakes  for  the  purpofe  of  inland  navigation,  fubjeift  only  to  the  com- 
mon tells  and  ferriages.  The  exception  of  the  limits  of  the  Hud> , 
fon's  Bay  company  is  of  no  importance  at  prefent  to  the  United 
States ;  and  the  exception  was  a  neceflary  confequence  of  the  ex^ 
iriufiva  rights  of  the  company. 

Deem*  fuppofes  there  is  a  manifeft  ineqtiaKty  in  permitting  Briiiflt 
traders  to  uie  all  our  ports  and  rivers,  and  in  redridling  the  Ameti- 
«an»  from  the  fame  ufe  of  the  ports  of  the  Britfh  territories,  and  the 
Timers  between  the  mouths  thereof  and  the  higheft  ports  of  entry.  But 
Jktmt  will  ^afe^te  reccUe^t,  that  this  ^iyi^ge  enjoyed  by  Britiih 


J 

1 


i^it        VINDICATION  OF  Mr.  JAY's  TREATY, 


r--*     I 


fubjefts,  and  the  reftriftion  of  American  fubjedls,  are  not  created  by 
the  prefent  treaty.  In  this  refpedl  the  parties  are  as  they  were  before. 
American  veflels  have  never  been  permitted  to  carry  on  the  coading 
trade  of  the  Britifh  poiTeflions  in  America  ;  and  therefore  we  fuffer 
no  new  abridgment  of  bufmefs  by  this  article.  On  the  other  hand, 
Britifh  veflels  are  now  admitted  into  all  our  harbours,  and  to  the 
higheft  port  of  entry  for  foreign  vefleh,  fo  that  this  article  gives  no 
new  privilege  to  fuch  veflels.  But  we  have  obtained  by  the  treaty  a 
free  inland  trade  with  Canada.  We  can  navigate  all  the  rivers  and 
lakes — we  can  go  down  the  St.  Lawrence  to  Quebec.  Articles  arc 
to  be  carried  from  the  United  States  to  Canada,  and  vice  verfa,  fub> 
jeifl  to  the  lowed  duties  ever  paid  on  thefe  articles  ; — and  peltry  .pays 
no  duty  at  all. 

This  free  intercourfe  will  be  highly  advantageous,  to  our  citizens 
on  the  frontiers.  They  will  be  deeply  concerned  in  the  fur-trade, 
and  we  fliall  obtain  fiu-s  much  lower  than  formerly.  At  the  fame 
time  the  inhabitants  on  our  frontiers  will  find  a  market  at  Montreal  or 
Quebec,  and  bring  back  in  return  fuch  heavy  articles  as  will  come 
cheaper,  through  the  Si;.  Lawrence  and  the  lakes,  than  through  the 
Atlantic  ports.  ^y^}t 

This  trade  is  extremely  wanted  by  our  frontier  fettlements,  which 
are  everj'  day  increafing.  Their  diftance  from  the  Atlantic  lays 
them  under  heavy  djfadvantages,  which  the  treaty  before  us  allevi- 
ates, as  much  as  poflible,  by  taking  off  all  retlri«Aions  on  inland  trade. 
And  juft  in  proportion  to  the  number  of  people  in  the  United  States, 
who  are  to  carry  on  and  partake  of  that  free  trade,  will  be  the  bene- 
fits of  this  article  of  the  treaty. 

It  fhould  be  confidered  further,  that  the  citizens  of  the  United 
States  are  taking  up  large  trat^s  o;  land  in  Canada,  and  emigrating  to 
that  province. — This  bufinefs  is  encouraged  by  the  Britifli  govern- 
ment. But  while  the  people  who  fettle  in  Canada,  for  the  purpofes 
of  trade  or  agriculture,  become  fubjefts  of  Great  Britain,  they  retain 
their  attachment  to  the  United  States  ;  and  from  this  circumflance 
important  and  beneficial  conlequences  may  hereafter  be  expefted.  , 

Articles  4  and  5.  .  '""- 

Thefe  articles  have  not  been  the  fubjedls  of  much  cenfure ;  perhaps 
the  mode  prefcribed  for  afcertaining  doubtful  points,  relative  to  the 
boundary  line  of  the  United  States,  is  as  eligible  as  we  could  wifh. 

Article  6. 

This  is  a  moi\  important  article.  It  involves  in  it  the  primary  and 
principal  caufes  of  all  the  differences  now  exirting  between  the  two 
countries. 

Before  the  war,  moft  of  the  trade  of  Virginia,  and  a  great  portion 
of  that  of  the  flates  to  the  fouthward,  was  carried  on  by  foreigners. 
I  am  well  affured  that  it  was  edecmcd  in  Virginia,  difreputable  for 
planters  and  their  fons  to  engage  in  trade.  This  prejudice,  which 
was,  like  a  thoufand  follies  adopted  by  Americans,  introduced  from 
Europe,  and  a  remnant  of  the  ariflocracy  of  the  feudal  fyltem,  ope- 
rated powerfully  to  keep  trade  in  the  hands  of  foreigners. 


1-1 


BY  CURTIUS.  .  *r.; 


:^iV, 


T 


69 


The  Biitifh  merchants  availed  themfelves  of  the  prejudice.  They 
were  the  agents  or  fadtors  for  the  planters,  and  gave  extenfive  credit. 
The  confidence  created  by  this  friendly  intercourfe,  together  with 
the  prodigal  habits  of  many  planters,  extended  this  credit  to  a  very 
large  amount. 

The  war  neceflarily  fufpended  the  payment  of  thefe  debts.  The 
treaty  of  peace  provided  that  no  lawful  impediments  (hould  be  inter* 
pofed  to  prevent  the  recovery  of  thofe  debts.  The  carrying  away  of 
the  negroes  by  the  Britifh,  when  they  left  New- York,  exafperated 
the  fouthern  ftates :  they  confidered  it  as  an  infradlion  of  the  treaty, 
and,  as  fuch,  an  excufe  for  violating  it  on  their  part.  They  parted 
laws  which  were  impediments  to  the  recovery  of  old  debts.  The 
Britilh  miniftry,  on  their  part,  detained  the  weftern  ports,  as  fecu- 
rity  for  thofe  debts,  and  damages  lurtained  by  the  Britifh  merchants, 
in  confequence  of  thofe  legal  impediments.  Here  the  parties  are 
at  iflTue — here  are  differences  between  the  two  nations  which  can  be 
fettled  only  by  the  fword  or  amicable  adjurtment. 

This  is  precifely  the  (Ituation  of  the  parties. — Neither  party  will 
yield  the  point  oijirjl  infraSion  ;  and  paper  correfpondence,  to  prove 
the  point,  has  been  exhaurted,  without  giving  any  fatisfadtion  to 
either. 

The  iflue  then  is,  the  alternative  of  tuar  or  accommodat'wn.  But 
if  we  enter  into  a  war,  will  this  fettle  the  points  in  difpute  ?  Not  at 
all.  A  ten  years  war,  and  a  warte  of  half  the  blood  and  treafure  of 
the  United  States,  would  leave  the  controverfy  juft  where  it  now  is— 
to  be  fettled  by  negociation. 

It  is  no  anfwer  to  thefe  remarks,  to  make  outcries  about  Britifti 
injurtice.  Admitting  this  in  the  fuiieit  extent,  that  injurtice  is  to  be 
rertrained  only  by  the  fword,  or  amicable  agreement — we  have  our 
choice. 

Is  it  not  prudent  and  wife  to  make  an  effort  to  adjurt  all  differences 
by  a  reference  to  equitable  principles?  What  better  mode  could  be 
devifed  to  fettle  differences  fo  numerous,  fo  complicated,  as  thofe 
which  exift  between  the  two  countries,  than  by  Commiilioners  fairly 
and  impartially  appointed  ?  This  is  the  mode  which  has  been  prac- 
tifed  for  centuries,  in  like  cafes.  In  looking  into  collc(5tions  of 
treaties,  I  find  the  fame  mode  prcfcribed  in  all  cafes  of  difficult  dif- 
putes  between  nations  ;  and  the  univerfal  prai^ice  of  reforting  to  this 
mode,  is  a  proof  that  none  better  has  yet  been  devifed. 

But  it  is  faid,  "  this  mode  of  adjurting  fums  due  to  Britifh  credi- 
tors, is  unjuft  towards  thofe  ftates  which  have  interpofcd  no  lawful 
impediments  in  the  way  of  recovering  fuch  debts ;  as  they  mail  bear 
a  p;iit  of  tlie  burden,  and  thus  fiiffer  for  the  delinquencv  of  otheis.'* 

This  objedion  is  fufceptible  of  a  very  fatisfadtory  anfwer. 

Our  capacity,  as  a  nation,  arilcs  fiom  tiie  union  of  tiie  ihites  un- 
der the  conftitution. 

All  our  intercourfe  with  foreign  nations  is  condudled  by  the  Um^ 
trd  States,  in  that  national  capacity.  Foreign  nations  cannot  nego- 
eiate  wiih  any  of  our  individual  ftates  ;  and  the  Hates  are  expieisly 

K 


'I 


•■i5*f 


:<»: 

.*'•. 

l*»l 


■1 


i 


4:1 


:0..      VINDICATION  OF  Mr.  JAY'S  TREATY, 

|)rohibited,  by  our  conflitution,  from  entering  into  any  treaty,  com- 
fA&,  or  agreement,  with  any  foreign  power. 

The  moment  our  union  took  place,  the  United  State»  became,  to 
'  a  certain  degree,  refponfible  for  ads  done  by  dates  or  individuals  to- 
wards foreign  nations.     This  refponfibility  refults  from  the  national 
capacity  derived  from  the  union. 

Whatever  hai  dfliips  this  may  impofe  on  particular  fhites,  it  is  a 
oecefTary  confcquence  of  the  charafler  we  have  aflumed  among  the 
powers  of  the  earih  ;  and  indeed  it  is  much  more  than  counterbalan- 
ced by  the  protection  and  fecurtty  derived  from  the  fame  national 
capacity^  ''"■      "  *; 

..  -     :  CURTIU&. 


<t: 


m 

.    '     ;  ■*». il 

!,[!,.   , ; 


NUMBER  IV. 

Article  7.  '  : 

THIS  article  is  faid  to  be  wholly  exceptionable,  becaule  it  places 
at  too  great  a  diftance,  compenfation  to  which  our  citizens 
are  entitled,  for  the  moft  atrocious  z&s  of  piracy. 

I  will  admit  what  my  antagonids  pleafe  to  allege  againft  the  inju- 
rious  treatment  of  our  veflels  at  fea  by  Britifli  privateers.  I  know 
that  the  right  which  the  law  of  nations  gives  to  powers  at  war,  of 
flopping  and  examining  neutral  vefiels,  and  feizing  them  when  they 
have  contraband  goods  on  board,  has  been  abufed,  and  that  great 
injuries  and  infolence  have  been  fuffered  by  our  feamen  ;  and  great 
lofTes  have  been  incurred  by  our  merchants  by  illegal  detention  and 
condemnation.  My  own  feelings  are  keenly  alive  to  fuch  abufes, 
and  I  wi(h  we  had  the  means  of  vindicating  our  rights  in  a  more 
dmple  manner. 

But  let  me  obferve,  that  thefe  injuries  do  not  excite  greater  re- 
fentmeot  in  the  breafts  of  Americans,  than  laws  of  our  (hates,  fuf- 
pending  the  recovery  of  old  debts,  or  making  lands,  goods,  and  de- 
preciated paper  currency,  a  legal  tender  for  thefe  debts,  awakened 
in  the  breads  of  the  BritiHi  nation.  As  to  every  thing  of  this  na- 
ture, anger,  refentment,  and  difguft  are  reciprocal :  and  ill  ufage 
alleged  on  one  part,  is  retorted  v/ith  ill  ufage  in  fome  other  particular 
on  the  other  part.  There  is  no  common  tribunal,  to  decide  this 
quefHon,  Who  has  been  guilty  of  the  gieate(t  outrage  on  faith  and 
honefty  ?  We  are  fatisfied  that  the  charge  belongs  to  Great  Britain — 
ihey  are  as  confident  the  blame  is  on  our  fide.  It  is  idle  to  wafte 
time  in  criminating  each  other — Our  intercft  and  happinefs,  and  thofe 
of  Great  Britain,  demand  an  amicable  accommodation,  and  to  that 
point  all  our  efforts  fhould  be  direded. 

The  time  which  will  be  required  to  examine  the  claims  of  Ameri- 
can merchants  for  lofTes,  is  certainly  to  be  regretted.  But  how  can 
this  delay  be  prevented  ? 

If  we  admit  the  right  of  powers  at  war  to  ftop  neutral  vefTels  and 
Examine  them,  a  right  which  has  never  been  difputed,  do  we  net 


♦Y  tA:*M     BY  CURTIU8. 


71 


admit  the  right  of  afcertaining  whether  (uch  veflek  HaTC  contrabaiiii 
property  on  board  or  not  ?  How  fhail  this  point  be  fettled,  where 
fuipicion  occurs  i  The  papers  o£  neutral  veilels  are  not  always  to  be 
reKed  on.  We  all  know  that  fubjeds  of  nations  at  war,  procuriK  ' 
neutral  vefTcls  and  neutral  names  to  cover  property  of  their  own.—. 
This  happens  every  day.  We  all  know  that  contraband  goods  are 
often  concealed  in  bates  or  calks  of  goods  not  contraband.  We  all 
know  that  maders^  fupercargoes,  and  feamen,  will  evade  diret^  an> 
fwers,  equivocate,  and  fometimes  men  are  abandoned  enough  to  per- 
jure themfelves  in  a  court,,  to  fave  propert}'  of  their  own  or  their ' 
friends. 

What  fays  the  law  of  nations  on  this  fubjeft  ?  Vattel,  b.  3.  ch.  7. 
lays  it  down  -with  great  precifion.  **  Without  fearching  neutral  ihips 
at  fea,  the  commerce  of  contraband  goods  canpot  be  prevented. — 
There  is  then  a  right  of  fearching.  Ac  prefeat  a  neutral  fliii)  refuiing 
to  be  fearched,  would,  from  that  proceeding  alone,  bi;  condemned 
as  lawful  prize.  But  to  avoid  inconveniences,  violence,  and  e^xry 
other  irregularity,  the  manner  of  the  fearch  is  fettled  in  the  treaties 
of  navigation  and  commerce.  According  to  die  pref^»t  cuftcm, 
credit  is  to  be  given  to  certificates  and  bills  of  lading,  prpduced  by  ; 
the  mafter  of  the  fliip,  tmle/s  any  fraud  appear  in  them.,  or  there  be 
very  good  rtafon  tofufpeS  tketr  vaiiiUty,*' 

:  The  mode  of  fearching  neutral  veficls  is  regulated  by  cur  treaties, 
with  the  States  General,  with  Sweden  and  France,  in  which  it  is 
(lipulated  that  credit  flull  be  given  to  the  (hips'  papers.^  But  we  have 
had  no  fuch  treaty  with  Great  Britain,  and  the  treatment  of  our 
vefFels  depends,  on  the  law  of  nations,  or  the  licentious  will  of  the 
mailers  of  privateers. — ^Wherever  there  is  liifpicion  of  fraud  in  the 
papers,  the  veffels  may,  by  the  law  of  nations,  be  carried  into  port 
for  examination  and  trial ;  and  it  is  probable,  this  licenfe  has  been 
carried  to  a  molt  unwarrantable  length,  during  the  prefent  war.  The 
general  expreffion,  caufe  of  fufpichn^  gives  an  almolt  unbounded  la- 
titude to  thofe  unprincipled  men,  who  are  ufually  engaged  in  the  de»  f 
tellable  buflnefs  of  privateering.  % 

Such  is  the  iituation  of  ouar  trade,  in  the  prelent  unhaj^y  war».  t 
But  making  every  allowance  for  ill  ulkge,  it  muft  be  admitted  that 
great  numbers  of  Anverican  veifels  have,  according  to  the  laws  of 
nations,  been  juftly  feized,  and  carried  into  port  for  trial.  When 
this  is  the  cal'e,  what  mode  of  procefs  muftbe  had  to  determine  what 
property  is  liable  to  confifcation,  and  what  is  not  ? 

Our  exifling  treaties  with  other  nations  admit  the  right  of  trial 
in  the  admiralty  courts  of  the  nation  capturing  the  neutral  veflels  ;  and 
in  thefe  treaties,  there  are  iHpulations  that  bulk  ihall  not  be  broke,  un- 
til the  cargo  has  been  landed  in  prefence  of  proper  officers,  and  no 
part  of  the  cargo  fold,  till  legal  procefs  Ih'iU  have  been  had,  and  fen- 
tence  pronounced  againll  the  goods  liable  to  condemnation. 

Mult  not  the  fame  procels  be  had  in  die  Britifli  coiu-ts,  though  we 
have  had  no  treaty  with  the  nation  \  Where  is  the  ground  for  mala, 
laiaing  a  different  dodrine  \  , 


1 

J 


If" 


.V* 


.  71        VINDICATION  OF  Mr.  JAY's  TREATY, 

We  muft  then  admit  the  principle,  that  American  veHcIs  feized 
and  carried  into  port,  with  prohibited  goods  on  board,  or  on  fufpi- 
cion  of  fraudulent  papers,  are  fubjedt  to  the  ufual  legal  procefs  of 
Britiih  Courts  of  admiralty.  However  hard  this  may  appear,  the 
efFedl  flows  direftly  from  the  ftate  of  war  and  the  law  of  nations. 

If  we  admit  this  principle,  we  admit  all  its  confequences.  If  our 
TcfTcls  are  liable  to  legal  procefs,  it  is  neceflary  that  all  the  documents 
relative  to  the  quedion  oi  legal  capture  ornoty  fhould  be  produced  and 
examined.  And  when  we  confider  the  diftance  from  which  many 
of  tliefe  documents  are  to  be  procured,  and  the  numerous  cafes  that 
have  arifcn,  who  can  fay  that  final  decifions  can  be  had  on  the  Ame- 
rican claims  in  a  moment  ?  And  in  cafes  which  involve  equitable  con- 
fiderations,  not  proper  for  the  decifion  of  courts  of  law,  what  mode 
could  be  devifed,  more  eligible  for  the  claimants,  than  that  of  com- 
miffioners"?  Is  the  term  of  eighteen  months  too  long  for  receiving 
claims  ?  It  appears  to  me  the  time  is  not  unrealbnably  long  ;  and 
even  the  length  of  the  time  is  favourable  for  the  claimants. 

It  is  faid  that  the  Britifli  government  ought  to  advance  a  fum  on 
account,  to  be  diftributcd  among  the  fufFeiers.  This  fuggeftion 
fcems  to  be  grounded  on  an  idea  that  has  prevailed,  that  fuch  a  fum 
has  been  advanced  by  Great  Britain  to  Dcmfhark  and  Sweden — an 
opinion  which,  I  have  authority  to  fay,  is  not  well  founded. 

But  to  this  meafure  there  are  infurmountable  objedtions.  The  im- 
pra^icability  of  doing  even  partial  juftice,  before  it  is  afcertained 
who  are  the  obje^s  of  it,  is  merely  chimerical. 

Many  of  my  countrymen  are  great  fufFerers,  and  I  truft  their  juft 
claims  will  be  fupported,  and  their  juft  damages  paid.  But  a  fum- 
mary  trial  might  do  great  injuftice — ^the  innocent  might  fufFer,  and 
the  guilty  obtain  reparation. 

On  the  whole,  the  time  and  mode  appear  as  eligible,  as  juftice 
and  the  nature  of  the  cafes  will  admit. 

With  refpeft  to  the  ftipidation  in  the  laft  claufe  of  the  7th  article, 
that  engages  payment  for  certain  veffels  taken  by  privateers  within 
our  jurifdidtion  or  by  veflels  armed  in  our  ports,  I  trufl  no  man,  who 
has  a  regard  for  honefty  or  national  charafter,  will  ever  objed  to  it. 
I  am  one  of  thofe  American  citizens,  that  hold  it  as  a  duty  for  us 
to  preferve  a  ftrid:  neutrality  in  the  prefent  war,  and  honourable  in 
our  government  to  make  indemnification  for  every  illegal  proceeding 
of  the  nation  and  of  individuals,  towards  foreign  nations.  Let  him 
who  demands  juftice,  do  juftice  himfelf.  The  amount  of  the  fums  to 
be  paid,  does  not  vary  the  principle,  nor  fhould  it  vary  our  condud 
as  a  nation.  I  hope  and  truft  the  character  of  the  United  States, 
will  never  be  ftained  with  a  violation  of  faith  and  juftice,  even  to- 
wards the  coifairs  of  Barbary.  Self-defence,  only,  will  authorize 
any  nation  in  arrefting  or  withholding  the  property  of  individuals, 
even  of  an  enemy  nation.  To  withhold  or  to  authorize  the  with- 
holding of  private  property,  contrary  to  law,  is  to  degrade  our  na- 
tion to  tlie  rank  of  Algerines. 


f^.A 


ithorize 
(riduals, 
:  with- 
our  na- 


.      BY  CURTIUS.  uTA  Jit;;:.  ; 
Postscript  to  No.  IV. 


TO  convince  the  public  more  fully  of  the  little  ground  for  ob«  * 
jeAion»  on  account  of  delays  in  admiralty  courts,  adjufting  differ*  . 
ences   between  nations,  I  will  make  feveral  extraAs  from  the  cor-  : 
refpondence  between  our  minifter  at  Paris,  and  the  French  minifter  • 
for  foreign  affairs.     This  correfpondcnce  was  publifhed  in  January, 
1 794,  by  order  of  Congrefs.      It  relates  to  the  captures  of  our  vef- 
fels  by  French  privateers,  under  the  decrees  of  tlie  Convention  of 
May  9th,  and  July  27th,  1793,  in  exprefs  violation  of  our  treaty 
with  France. 


.v,.'*;!l.:-,fi(:^fM 


>,^,^,,f 


'(;,■•'" 


<;,  .«> 


Letter  from  J)/r.  Morris,    0^.  12,  1793. 
'  "  "  .^  [TRANSLATION.] 

Paris,  the  illh  Oa.  I'jQi.      \ 

*"'!' The  Minifter  Plenipotentiary  of  the  United  States  of  America 
"'"      to  the  Republic  of  France,  t     ^I.  Daforgues,  Minifter  of 
'".      Foreign  Affairs. 

I  HAVE  the  honour  to  fend  you  herein  inclofed,  the  copy  of 
a  letter,  which  has  been  addreffed  to  me  by  citizen  Poftic,  a  lawyer 
refidirg  at  Morlaix.  It  appears,  that  in  the  proceedings  of  w|iich 
he  has  given  an  account,  there  are  extraordinary  irregularities  ;  and 
I  think  it  my  duty  to  inform  you  of  them,  as  on  the  juftice  of  tribu- 
nals often  depends  the  falvation,  and  always  the  profperity  of  a 
fute. 

•  I  requeft  of  you  at  the  fame  time,  fir,  to  permit  me  to  make  two 
general  obfervations  on  the  whole  of  this  bufinefs  ;  one  of  which  ap- 
plies to  the  organization,  and  the  other  to  the  proceedings,  of  the 
commercial  tribunals.  The  referring  of  queftions  on  fea  prizes,  to  thefe 
tribunals,  appears  to  me  dangerous,  fince  they  involve  the  interpre- 
tation of  the  treaties,  and  the  application  of  the  law  of  nations  :  con- 
fequently  of  peace  and  of  war.  Now  we  may  be  permitted  to  en- 
tertain fome  doubt  as  to  the  knowledge  of  the  judges,  and  we  ought 
befides  to  fear,  left  they  may  be  interefted,  as  owners  of  privateers, 
in  the  queftions  which  are  fubmitted  to  them. 

But  whatever  may  be  the  organization  of  the  tribunals,  it  appears 
to  me  effential,  fir,  that  in  their  proceedings  they  fhould  receive  all 
the  claims  which  may  be  made  to  them  ;  that  they  fhould  even  invite 
without  waiting  for  the  authority  of  perfons  interefted,  who  are  often 
at  the  diftance  of  one  thoufand  leagues.  The  jurifdiflion»of  the  tri- 
bunals within  whofc  cognizance  are  the  queftions  of  prize,  is  in  rem. 
They  take  pofTefEon  of  the  things,  and  by  that  m?ans  render  them- 


-  1 

J 


J 


J3^;        VINDICATION  OF  Mr»  JAY's  TREATY, 

felves  refponfible  for  it.  Now  as  the  tribunal,  which  is  the  dc- 
podtary  of  tlie  thing,  ought  not  di^Aefs  themfelves  of  it,  with- 
out a  formal  authoritative  aA  of  the  true  proprietor,  it  is  certain- 
ly  theit  duty,  nut  only  to  adroit,  but  alfo  to  feek  proofs^  which 
may  elbbli(h  to  whom  the  property  truly  belongs.  This  is 
a  double  duty  towards  the  neutral  proprietor,  and  towards  their 
own  nation :  for  every  government  which  permits  its  citizens  to 
fit  0ut  privateeri,  arms  with  the  dellrudtive  fword  of  war,  hands 
which  are  interefled  to  extend  its  ravages,  and  renders  itfelf  refpoti- 
Able  for  the  abofes  which  refult  from  fo  dangerous  a  delegation  of 
fovcreignty.  For  the  purpofe  of  repoflelTing  them,  the  admiraity 
tribunals  have  been  edabliflied  throughout  the  difFcrent  nations  of 
Europe.  In  thefe  tribunals,  the  government  furnilhes  the  means  of 
information,  by  the  facility  with  which  it  admits  therein  every  fj^e- 
cies  of  claim,  Jt  pteferves,  by  appeals,  the  right  of  deciding,  in 
the  lall  refort,  on  the  contefls  which  fhall  therein  arife  :  and  it  gives 
the  nece/Tary  time  to  enlighten  its  confcience  on  thorny  queihons, 
before  the  pronouncing  of  a  fentence,  which  might  extend  or  pro- 
long the  horrors  of  war. 

Thefe,  Ar,  are  the  queftions  which  experience  has  dilated  to  me. 
They  daily  make  on  me  a  more  lively  inipreffion  on  account  of  the 
claims  addrefled  to  me  by  my  countrymen,  of  which  I  have  com- 
municated to  you  a  very  fmall  part.  I  always  fend  to  the  tribunals 
the  injured  pcrfons,  by  giving  them  the  moll  pofitive  affurances  that 
they  will  there  obtain  complete  and  prompt  juftice. 

I  have  tlic  honour  to  be,  &c.  li"  X|  *' 

>        >      ,  GOUV.  MORRIS,   i* 


*-Kft 


Extras  from  the  French  Mimjier's  anfwer  to  Mr,  Morru,  datej-'] 
Paris,  03.  14,  1793. 

•*  THESE  ofafenrations,  fir,  which  you  are  too  juft  not  to  appre- 
ciate, apply  to  the  greater  part  of  the  claims,  which  yon  have  addref- 
fed  to  me  for  fome  time.  I  have  done,  with  refpedt  to  feveral  of 
them,  all  that  depended  on  me,  in  order  to  obtain  in  i'avour  of  your 
coimtrymep,  an  exception  of  the  general  meafures,  adopted  with 
regard  to  n«^utral  nations.  I  have  ufed  among  others,  all  the  means 
with  which  your  letters  fiirniflicd  me,  to  have  reftored  the  ftiip  Lau- 
rens ;  but  I  liave  met  with  infurmountable  obfiacles,  in  the  eikblifli- 
ed  laws>  and  in  the  opinion  of  the  commercial  tribunal  ut  Havre. 
The  tribunal  h\as  neglefted  nothing  to  render  juftice  to  the  owner?,  of 
this  veiTel.  It:  has  confented,  among  other  things,  to  have  tranfla- 
ted  361  letters,  merely  to  prove,  in  the  moft  authentic  manner,  the 
property  of  the  c  argo.  The  interefted  have,  befides,  avowed  them- 
felves, that  they  had  negle(5ted  an  elTential  formality  required  by  our 
laws. 

**  We  hope  thai    the  government  of  the  United  States,  will  attri- 
(>ute  to:  their  true  c^  ufe,  the  abufes  of  which  you  complain,  as  wj^, 


BY  CURTIirS. 


7f 


ai  other  violations  of  vrhich  our  cruifers  may  render  themfelves  guiU 
ty,  in  the  courfe  of  the  prefent  war.  It  mnft  perceive  how  difficult 
it  ist  to  contain  within  juft  limits,  the  indignation  of  our  marines, 
and  in  general  of  all  the  French  patriots,  againd  a  people  whofpeak 
the  fame  language,  and  have  the  fame  habits,  as  the  fi'ee  Americans. 
The  di/liculty  of  ^ftinguiOiing  our  allies  from  our  enemies,  has  often 
been  the  caufe  of  offences,  committed  on  board  your  vefTels  ;  all  that 
the  admtniflration  could  do,  is  to  order  indemni£catioD  to  thofe  who 
have  fuifered,  and  to  punifii  the  guilty." 

Let  any  candid  man  view  the  whole  of  the  traofaAioni  of  Eng- 
land and  France,  and  fay,  whether  in  proportion  to  the  number  of 
veffels  captured,  the  delays  and  difficulties  have  been  greater  in  Eng- 
land than  in  France. 

N.  B.  Mr.  JeiFerfon's  letter  on  the  right  of  nations  at  %var,  to  feize 
enemy's  property  in  neutral  bottoms,  will  fall  more  properly  under 
'^e  8th  number  of  this  difcui£on. 
:.*^...,«!«.  V  CURTIUS. 


* 


appre- 
ddref-  . 
eral  of 
of  yofur  >" 
1  with  ; ' 
means  i 
}  Lau-  t. 
tablifh-  ■■• 
Havre, 
nerp,  of  \ 
tranfla- 
er,  the  / 
them-  .- 
by  our  / 

attri- 


NUMBER  V, 
-     Article  8. 


::/ 


THIS  article  folely  regards  the  mode  of  defraying  the  expenfes 
of  the  commiffioners,  and  fupplying  vacancies.     No  ol^edtion 
Appears  againft  it. 

Article  9. 

This  article  gives  the  prefent  holders  of  lands  in  the  two  conntrie» 
the  right  of  difpofmg  of  them,  &c.  without  being  confidered  a^ 
ftbens. 

In  the  firft  abftrafl  of  the  treaty  which  was  publifhed,  this  article 
was  erroneoufly  ftated,  as  extending  to  give  the  rights  of  citizens  to 
tny  and  all  Britifh  fubjedts  purchafing  lands  hereafter  in  the  United 
States.  The  truth  is,  the  article  extends  only  to  perfons  holding 
knds  at  the  time  the  treaty  was  figned,  and  fome  proviflon  of  this 
kind  was  necefTary. 

To  underiland  this  article,  it  mufl  be  remembered,  that  the  Uni- 
ted States  were  fettled  from  the  Britifli  dominions,  and  till  lately,  re- 
mained a  part  of  the  nation.  Some  perfons  in  the  United  States  now 
hold  lands  in  England,  which  they  inherit  from  branches  of  their 
families  which  are  extinft  in  that  country.  Great  numbers  in  the 
Britifh  dominions  hold  lands  which  they  formerly  enjoyed  as  inhabi- 
tants of  the  colonies,  and  which  were  not  coniifcated.  Others  havfr 
been  compelled  to  take  lands  in  payment  of  debts. 

The  circumliances  of  thefe  two  countries  differ  from  thofe  of  all 
other  countries.  They  were  formerly  one  country^  and  linked  toge- 
ther by  a  variety  of  individual  interefls. 

Thefe  private  interefls  have  been  moflly  created  under  one  com. 
iHsoD  governmest.     They  originated  when  tke  couatucs  were  o»e.i«' 


riy 


■.t 

.1' 


'<'    I 


76         VINDICATION  OF  Mr.  JAY's  TREATY, 

empire,  and  without  any  fault  on  the  part  of  the  perfons  interefled. 
Was  it  not  reafonahic  and  Jud,  that  interests  thus  created  fliould  be 
fccured  by  the  provif:ons  of  a  treaty  which  was  to  udjuil  all  old  dif- 
ferences ?  Moft  certainly  it  was. 

It  has  been  faid  that  this  article  infringes  the  rights  of  the  Aates. 
As  I  have  never  feen  any  argument  to  prove  this  aflertion,  it  will  be 
fufficient  to  anfwer  it  by  another  aHcrtion,  and  fay  it  does  not. 

It  is  faid  alfo  that  article  impairs  the  obligation  of  private  con- 
tra(fls.  As  this  is  afTerted  without  explanation  or  proof,  it  will  be 
pafled  without  notice. 

The  danger  of  aliens  holding  real  eftate  in  any  country,  is  an  idea 
that  was  propagated  over  Europe  in  feudal  times,  and  modern  wri- 
ters on  law  have  continued  to  tranfcribe  the  reafoning  on  that  fubjedt, 
from  one  generation  to  another,  as  they  have  on  ufury,  intolerance, 
natural  allegiance,  and  many  other  ancient  errors,  without  allowing 
for  the  ameliorated  ftate  of  fociety  and  civil  policy.  The  danger, 
however,  is  now  a  mere  bugbear,  and  deferves  no  notice.  Men 
may  hold  real  eftates,  without  the  other  privileges  of  citizens  ;  and 
it  tends  to  promote  commerce  to  admit  foreigners  to  this  privilege, 
under  fuitable  reftri(5lions. 

The  only  danger  that  now  exifts  in  an  unlimited  privilege  of  this 
kind  is,  that  perlons  might  poflcfs  themfelves  of  large  eftates,  and 
fpend  the  income  abroad,  as  is  the  cafe  with  the  planters  in  the 
Wert-Indies  and  the  Irirti  nobility.  Should  thi?  ever  become  an 
evil  of  extent,  it  will  require  legiflative  remedies. 

But  it  is  an  important  idea  which  the  United  States  fliould  cherifti, 
that  men  are  never  enemies  to  a  free  country.  Men  may  fcramble 
for  offices,  and  oppofethe  adminiftration  of  a  government  from  felfifli 
views — but  If  foreigners  find  peace,  liberty,  and  fafety  in  our  coun- 
try, they  will  hardly  give  themfelves  the  trouble  of  fubjcdling  us  to 
other  governments.  A  liberality  in  our  meafures  towards  foreigners, 
ftrift  juftice  and  impartiality  in  our  laws,  will  make  all  parties  our 
friends,  and  this  is  one  great  objedt  of  the  prefent  treaty. 

Decius  attempts  to  make  an  invidious  comparifon  between  this  ar- 
ticle of  the  treaty  and  the  eleventh  article  of  our  treaty  with  France  ; 
which,  he  fays,  is  all  in  favor  of  the  Americans,  becaufe  it  aboliflies 
the  droit  d'aubaine  in  their  favour,  and  gives  the  French  nothing 
which  the  law  of  nations  did  not  fecure  them  before.  To  prove 
this  he  goes  into  ^common  law  explanation  of  the  terms  ufed  in  the 
French  treaty — goods  moveable  and  immoveable. — The  words  of  the 
eleventh  article  of  the  treaty  with  France  are,  "  The  fubjedts  and 
inhabitants  of  the  United  States  fliall  not  be  reputed  aubains  in 
France, — they  may  difpofe  of  their  goods,  moveable  and  immove- 
able, by  teftament,  donation,  &c." — Immoveable goods^  Dec'ius  fays, 
mean  chattels  leal,  but  not  cflatcs  in  fee,  and  quotes  Sir  Edward 
Coke  and  Blackilone. 

If  Dec'ius  is  a  lawyer  of  great  ingenuity,  as  he  doubtlefs  is,  he 
ought  to  be  very  cautious  to  conceal  his  fubtilties.  His  far-fetched 
trgumsnts  to  make  the  French  treaty  a  mere  ail  of  benevolence  pn 


BY  CURTIUS. 


77 


secome  an 


tlie  prt  of  Louis  XVI.  and  the  prelcnt  treaty  a  mere  facrtfice  on  our 
part,  will  not,  ultimately,  iuccccd. 

The  explanation  giren  by  Duiui  to  the  terms  'mnunteahU  goods  \i 
unequivocally  wrong.  Does  not  Dtclut  know,  that  a  treaty  with 
France  is  not  to  be  interpreted  by  the  common  law  of  England? 
Does  he  know  that  the  terms  bona  immoiiliaf  immoveable  goods,  are 
borrowed  from  the  dvUlatVt  that  the  civil  law  is  the  bails  of  almod 
every  !nunicipal  conAitution  in  Europe  ?  Does  he  not  recoiled  that 
the  municipal  laws  ot  France  were  derived  from  that  foiu-ce,  and 
that  terms  ufed  m  that  country  are  to  be  explained  by  the'  civil. law  ? 
Is  not  a  treaty  with  France  to  be  interpreted  according  to  the  legal 
import  of  the  words  in  that  country  ? 

Let  Deciiu  then  be  apprized,  that  bona  immnMia  is  a  technical 

'  dvafe  as  old  as  the  civil  law,  and  that  it  comprehended  formerly,  and 
Kill  comprehends,  in  moft  countries  of  Europe,  real  eltate,  that  is, 
a/freehold  edate,  and  lands. in  fee,  as  well  as  chattels,  t-eal.  When 
nfed  by  writers  on  the  kw  of.nations,  the  phntfe  has  tlut  fenfe. 

*♦  Every  ftate  has  \\e  liberty  of  granting  or  refufing  foreigners  the 
power  of  poflciRng  lands  or  other  immaveabU  goodsf  within  its  terri- 
tory."— ^Vattel,  b.  a.  ch.  8.  In  the  fame  page  arc  thcfe  expreifions: 
"  If  the  fovereign  does  not  permit  aliens  to  po/Tefs  immoveables,  no 
one  has  a  right  to  complain  of  it,  as  tlie  fovereign  may  reEifc  ftrangers 
the  power  of  poflefling  immoveables."  So  alfo  in  b.  3.  ch.  5.  fee.  76. 
The  foregoing  paragraph  relates  to  moveabh;  goods,  but  the  rule 
is  different  with  regard  to  immivabks,  to  e/Hatcs  in  lands f  as  they  all, 
in  fome  meafure,  belong  to  th(  nation,  are  part  of  its  domain,  Sec. 
and  the  proprietor  being  always  a  fuhjeft  of  the  country  as  pofleflbr 
of  a  parcel  of  land,  and  goods  of  this  nature  do  not  ceafe  to  be  the 
enemy's  goods,  though  poflefled  by  a  neutral  Uranger.  "Ncver- 
thelefs,  war  being  now  carried  on  with  fo  much  nioderation  and  in- 
dulgence, fafe«guards  are  allowed  tc  Aoi^is  and  lands  pofTefled  by 
foreigners  in  an  enemy's  country.  For  the  Came  reafon,  he  who 
declares  war  does  not  confifcate  the  immoveable  goods  podefled  in  his 

.  country  by  his  enemy's  fubjedVs.  In  permitting  them  to  purchafe  and 
pafrefs  thofe  goods,  he  has*  in  this  refpctSt,  admitted  them  into  the 
number  of  his  fub^e<5ls.  But  the  income  may  be  fequeflrated,  for 
hindering  the  remittance  of  it  to  the  enemy's  country." 

Bynkerfhoek,  Queft.  Jur.  Pub.  i.  c.  7.  ufes  the  word  immohilia  in 

the  fame  fenfe,  and  lays  down  the  dodlrine  above  quoted  from  Vattcl. 

But  the  molt  direct  authority  in  point,  is   from  Domat's  Civil 

Law,  Preliminary  Book,  title  3.  fe^.  i.    the  following  pailage  is 

.exprefs  :  "  Immoveables  are  all  the  parts  of  the  furiace  of  the  earth, 
in  whatjmannerfbever  they  are  dillinguifhed,  whether  into  places  for 
buildings,  or  into  woods,  meadow,  arable  lands,  vineyards,  or- 
chards, or  otherwife,  and  to  v/homfoever  they  belong." 

In  feft.  2.  of  the  fame  title,  Domat  exprefsly  enumerates  land'--, 

t  whether  allodial  or  charged  with  quit  rents,  among  immoveables.*  As 

V  ■  •  It  dcferves  remark,  that  the  French  word  "  biens,"  gooils,  compreheniU 
'  «ftatc  in  land.     This  fcnfc  i»  borrowed  from  the  civil  law.  ■.       ' 


I 


J 

■1 


78         VlKDldATION  OF  Mn.  JAY'i  TREATY, 

this  writer  wis  a  French  civilian,  he  doubtlefs  ufed  the  word  in  its 
technical  fenfe,  as  underftood  in  France,  and  by  this  fenfe  muft  our 
treaty  with  France  be  interpreted.  Indeed,  whatever,  ntay  be  the 
opinion  of  lawyers  here,  I  have  no  doubt  that,  by  the  nth  article 
of  that  treaty,  French  citizens  arc  fully  entitled  to  hold  real  eftate 
in  the  United  States,  and  American  citizens,  in  France. 

In  all  our  other  treaties,  the  article  in  queftton  rcftriAs  the  Tub* 
jedls  of  the  two  countries,  to  the  enjoyment  of  ptrfonal  eftait  or  rf- 
ftBit  in  the  jurifdiAion  each  of  the  othen  Mod  nations  retain  the 
old  feudal  jeaJloufy  refpeAing  foreigners  poflciHng  lands  in  their  coun- 
tries.  But  the  liberality  of  France  in  her  treaty  with  America^ 
ought  to  be  an  example  to  all  nations ;  and  the  United  States,  of  all 
countries  on  earth,  ought  ro  rejedl  all  fuch  remains  of  feudal  preju- 
dice.  I  truft  the  explanation  before  given  of  the  terms  immoveabit 
good/,  will  be  fatisfaAory  ;  and  will  evince  the  truth  of  what  was  ad- 
ranced  by  the  writer  of  "  Candid  Remarks  on  the  Treaty,"  that  the 
nth  article  of  our  treaty  with  France  amounts  to  a  total  abolition  of 
aRenlTm,  between  the  two  countries. 

ifnlefs  Declut  fucceeds  better  hereafter  in  "  dete^ing  fallacies," 
he  may  as  well  let  his  pen  reft,  or  to  employ  it  more  to  his  own  rt  • 
putation.  His  writings  on  the  fubjedl,  lb  tar  as  they  have  hitherto 
appeared,  are  little  more  than  a  feries  of  miTreprefcntation. 

CURTIUS. 


I'^i'! .J.  v.."/ 


•tf  -^    ■  -••  •        NUMBER  VI.  .c  ^i    •:■•  ■  .  •. '  ^A" :  ■-.. 

THE  loth  article  of  the  treaty  provides  that  "  neither  the  debts 
due  from  individuals  of  the  one  nation  to  individuals  of  the 
other,  nor  fliares  nor  monies  which  they  may  have  in  the  public 
funds,  or  in  the  public  banks,  fhall  ever  in  any  event  of  war  or  na- 
tional differences,  be  fequeftered  or  confifcated."  The  faithful  ob- 
fervance  of  the  reftriAion  contained  in  this  article  is  fo  much  for  our 
intereft  as  well  as  honor,  that  we  fhould  naturally  have  concluded, 
the  moft  determined  enemies  to  any  good  underftanding  with  Great 
Britain,  would  at  leafl  have  pafTed  it  by  in  filence.  But  fo  ftrong  are 
the  prejudices  of  a  certain  party  amongfl  us,  or  fo  virulent  their  paf- 
fions,  that  they  have  given  to  almoil  every  paragraph  in  the  treaty  an 
«qual  condemnation.  Decius  has  complained  of  this  article  as  being, 
like  many  others,  exclulively  advantageous  to  England,  and  as  ar- 
refting  from  our  government  a  lawful  and  powerful  weapon  of  war.  I 
am  greatly  miftaken,  however,  if  it  is  not  completely  defenfible 
againft  every  part  of  this  accufation. 

It  is  true  that  by  the  law  of  nations,  as  exifling  a  century  ago,  the 
debts  owing  from  one  nation  to  another,  were  legal  objeds  of  fe- 
queflration  in  war.  "  But  at  prefent,  (to  ufe  the  language  of  Vattel, 
b.  3.  ch.  5.  fee.  77.)  in  regard  to  the  advantage  and  fafety  of  ccm- 
tnercC)  all  Ui«  forereigns  of  Europe  have  departed  from  tlxis  rigour. 


BY  CURTIUS. 


Jknd  as  thU  euftom  lot  bttn  generally  received^  he  who  fliould  a^  con* 
trary  to  it,  would  injure  the  public  failh  /  for  ftrangers  trulled  hit 
fubjedi  only  from  a  firm  perfuafion  that  the  general  euflom  would  be 
obierved.  The  (late  does  not  fo  much  at  touch  the  fums  which  it 
owei  to  the  enemy.  Every  where,  in  cafe  of  a  war,  fundi  credited 
to  the  public,  are  exempt  from  confifcation  and  feizure."  This 
clear  explanation  of  the  modern  law  of  nations,  ai  far  as  it  rciatei 
to  public  funds,  is  alfo  to  be  found  in  a  report  of  the  Englifli  judges, 
in  the  year  1753,  in  anfwer  to  tl\e  Prufnan  memorial ;  a  report  of 
much  authority,  which  Vattcl  does  not  fcruple  to  call  an  excellent 
piece  on  the  law  of  nations.  **  It  will  not  be  eafy,  fay  the  judges, 
to  find  an  indance  where  a  prince  has  thought  fit  to  make  repnfaU 
upon  a  debt  due  from  htmfelf  to  private  men.  There  is  a  confidence 
that  this  will  not  be  done.  A  private  man  fends  money  to  a  prince 
upon  the  faith  of  an  engagement  of  honor,  becaufe  a  prince  cannot  be 
compelled,  like  other  men,  in  an  adverfe  way,  by  a  court  of  juftice. 
So  fcrupuloufly  did  England,  France,  and  Spain  adhere  to  this 
public  faith,  that«  even  during  the  war,  they  fuffered  no  enquiry  to 
be  made  whether  any  part  of  (^e  public  debts  was  due  to  the  ftibjedls 
of  the  enemy,  though  it  is  certain  many  Englifh  had  money  in  the 
French  funds,  and  many  French  had  money  in  ours." 

But  thefe  principles  have  received  fanAion  from  a  fource,  which 
the  adverfaries  of  the  article  will  be  difpofed  to  admit  as  of  ftill 
greater  authority  and  refpe^tability,  I  mean  from  the  proceedings 
and  decifion  of  the  French  Convention.  It  appears  from  Paris  pa- 
pers  which  in  April  lad  were  tranflated  and  republifhed  in  ^t  Aurora, 
that  in  the  fitting  of  the  convention,  Dec.  29,  1 794.,  after  the  houfe 
had  pafled  the  order  of  the  day,  **  Johannot  read  the  following  arti- 
cles of  the  projedled  decree,  which  were  as  follow : — (here  foUov 
6vc  articles.)  .  ^  ■  ,  \ 

Art.  VI. 

*'  The  decree  concerning  the  fequeftration  of  the  property  of  the 
fubjeAs  of  the  powers  at  war  with  the  Republic  is  annulled.  Such 
fums  as  have  been  paid  by  French  citizens  into  the  treafury  in  con* 
fequence  of  thofe  decrees,  will  be  reimburfed."  This  article  occa> 
fioned  fome  debate.  Gaflon  was  againd  it.  Cambon  obferved, 
that  the  law  of  fequeftration  was  extorted  from  tlie  convention  by 
the  faction  of  Fabre  d'Eglantine  and  Danton,  but  ought  you  to  re- 
turn the  property  of  the  Spanifh  to  the  defpot  of  Madrid  ?  Thiriot 
agreed  with  Cambon.  Colombel  defired  the  aflembly  to  aonn'  only 
the  fequedration  of  the  fums  due  for  commercial  relations.  lUmel 
Ihewed  that  the  law  of  fequeftration  had  been  urged  by  the  foreigners 
themfelves  and  ftockjobbers,  that  it  had  prepared  the  ruin  of  commerce, 
and  broken  off".,  againft  the  right  of  nations,  the  obligations  ofmerchanti 
in  differentiates  ;  though  the  powers  at  war  with  the  Republic  fliould 
not  repeal  the  fequeftration  of  French  property,  it  is  our  duty  to  fet 
the  example.     The  fixth  article  was  maintained  as  reported." 

I  have  thought  it  not  ufelefs  to  give  a  brief  ^etch  of  this  very  in- 
terefling  proceeding  in  the  French  convention  ;  becaufe  it  not  only 


30 


J 


J 

■1 


;   I 


■i,::::j 


«»>.  :.\: 


M 


VINDICATION  OF  Mr.  JAY's  TREATY, 


eftabllfhes  what  I' contend  to  be  the  law  of  nations,  but  expofes  thd^ 
iujury  and  injufUce  of  departing  from  this  part  of  it  even  in  the  midfl> 
^f  die  moft  violent  war. .  And  it  ought  to  be  remarked  to  the  honor 
of  our  country,  that  during  the  courfe  of  our  revolution,  hotMrithi- 
fianding  the  warm  refentments  it  called  forth,  we  never  attempted  to 
annul  the  BritiHi  debt^,  but  finally  agreed  to  the  4th  article  of  the 
treaty  of  peace,  ••  That  creditors  on  either  fide  fhould  meet  with  no 
lawful  impediment  to  the  recovery  of  all  bona  fide  debts  heretofore' 
contrafted."  So  aMb  in  the  Amfterdam  and  AntA<rerp  loans,  we 
exprefsly  (lipulated,  that  they  fhould  not  be  impaired  on  the  event  of 
a  future  war  between  the  two  countries. 

I  think  it  will  be  evident  from  the  authorities  which  I  have  addu- 
ced, that  the  fequeftration  and  confifcation  of  debts  and  public  ftock^ 
are  not  now  the  cuftomary  and  admiflible  weapons  of  war.  The  an- 
cient maxims  on  this  hcsd  are  judly  and  generally  exploded  by  ci- 
vilized nations,  and  the  Interefts  of  commerce  in  this,  as  in  many 
other  inftances,  have  happily  fet  bounds  to  the  intemperance  of  Go- 
thic rage.  In  flipulating  to  a  formal  renunciation  of  this  niode  of 
warfare,  we  have  done  no  more  than  what  we  were  bound  to  do  by 
the  acknowledged  didates  of  good  faith.  We  have  renounced  i 
weapon  which  our  own  fenfe  of  right  and  policy  h^d  before  forbidden 
us  to  ufe.  If,  however,  it  fhould  be  fuppufed  that  occafions  may 
fometimes  arife  in  which  it  would  be  expedient  for  the  purpofe  of 
more  efFefliially  wounding  our  enemies,  to  attack  public  or  private 
contrafts,  then  let  me  a(k,  what  difficulty  has  the  treaty  thrown  in 
the  way  ?  The  fame  fiercenefs  of  character  which  would  lead  us  tb 
violate  the  received  maxims  of  war  and  national  duty,  would  readi- 
ly fet  a(ide  the  moral  obligation  of  this  article.  Its  only  efFeft  arifes 
from  laying  down  in  the  rational  fesdbn  of  peace,  the  rule  of  conduft 
in  war,  and  by  fuperaciding  an  exprefs,  to  the  implied,  fan^ion  of 
good  fiiith. 

But  it  is  alleged  that  this  article  has  no  a^ual  reciprocity,  becaufe 
all  the  debts  are  due  from  us  either  as  a  nation  or  as  individuals,  and 
that  our  citizens  hold  no  Britiih  flock,  and  have  few  or  no  demands 
upon  their  fubjeds.  If,  however,  this  fpecies  of  confifcation  be 
really  repugnant  to  the  prefent  ufage  of  nations,  and  is  unjufl  and 
impolitic,  the  renunciation  was  equally  fit  and  proper,  whether  it 
was  mutual  or  not,  and  in  proportion  to  the  means  we  had  of  ufing 
this  mode  of  warfare,  does  the  facrifice  redound  to  our  credit  and 
chara^er.  But  the  truth  is,  that  the  beneficial  operation  of  this 
article  is  principally  on  our  fide.  It  is  mUch  more  fatisfaftory  and 
neceflary  to  us,  than  it  is  to  Great  Britain,  becaufe  it  tends  diredtly 
to  fofter  and  flrengthen  the  credit  of  the  United  States,  both  public 
and  private,  a  circumftance  of  the  utmoft  moment  to  our  profperity 
as  an  infant  nation. 

It  is  by  force  of  public  credit,  that  our  government  has  attained  to 
its  prefent  liability,  and  has  fo  mary  competent  means  of  afting  with 
efficacy  whenever  the  public  exigencies  require  it.  Credit,  as  a  good 
judge  of  our  intereft  has  obferved,  is  t/je  invigorating  principle  of  this 


"\  W!,|i!;- 


.-■'V 


lu'S.iiV    BY  CUKTIUS. 


ai 


iouHtrf.  Any  addition  to  it,  Iiowever  fmall,  will  give  much  greater 
power  of  felf-defence,  than  the  little  perfidious  and  exploded  rclMircc 
of  confiicating  debts  ot  violating  the  pledged  negociitbiHty,  and  fa- 
<;rednefs  of  public  flock.  Nor  is  private  credit  of  much  lefs  uUlity  io 
a  country  which  has  fo  little  capital,  in  proportion  to  the  extent  and 
variety  of  the  demands  for  it.  We  have  immenfe  territories  of  wafte 
land  to  clear  and  fettle ;  and  abundance  of  raw  materials  for  noiiriib«> 
ing  the  manufa^uring  and  mechanic  arts :  but  to  iinfwer  thefe  ends* 
requires  an  unceafing  fupply  of  capital,  or  credit,  which  in  moft  cafes 
is  its  eligible  fubftitute.  In  ihort,  there  are  no  people  upon  earth 
who  have  fo  many  inducements  as  the  United  States,  to  declare  un- 
equivocally to  the  world,  that  the  claims  of  their  creditors  (hall  al- 
ways be  deemed  facred  in  peace  and  in  war. 

After  taking  fuch  a  full  view  of  the  fubjeA,  we  cannot  withhold 
our  aftonifhment  that  Mr.  Burr,  and  Mr.  Tazewell,  Oiould  each  of 
them,  in  the  fenate,  by  formal  propoHtions  of  amendment,  finglc 
out  this  article,  among  others,  as  a  proper  objeA  for  cenfure  and 
repeal. 

There  is  one  more  obje£lion  to  this  article,  which  merits  feme  at- 
tention for  its  (ingularity ;  and  becaufe  it  places  in  a  ftrong  light,  the 
extreme  jealoufy  or  predetermination  to  condemn,  with  which  every 
part  of  the  treaty  has  been  read.  It  is  apprehended  or  rather  pre- 
tended to  be,  that  the  king  of  Great  Britain  will  engrofs  all  the 
(h^res  of  our  feveral  American  banks,  and  thereby  obtain  the  entire 
controul  of  them  and  fill  them  with  Britifli  direAors.  It  is  juft  as 
rational  to  fuppofe  that  he  will  buy  up  all  our  goods  and  chattels,  and 
thereby  put  a  total  (lop  to  agriculture  and  manufactures.  If  the  king 
of  Great  Britain  is  difpofed  to  expend  his  money  for  the  difturbance 
of  our  government,  there  are  much  more  cffedlive  methods  of  dmng 
it  than  by  the  indircd  means  of  our  banks.  Such  an  apprehention  is 
ridiculous  in  the  extreme,  and  cannot  furely  impofe  on  the  moft  ere* 
dulous  mind,  efpecially  when  it  is  known  that  the  feveral  bank 
charters  exprefsly  provide  that  all  the  direSors  Jhall  he  'ArtKncan  citi- 
%eniy  and  that  no  ftockholder  (hall  be  entitled-  to  vote  for  a  direftor 
unlefs  he  either  attenAs  in  perfon  or  rffitles  within  the  United  Stites. 

We  have  now  finiflied  an  examination  of  the  firft  ten  articles  of 
the  treaty,  and  which  form  the  permanent  part ;  for  the  commercial 
articles  which  follow  being  of  more  difficult  adjuftment,  and  their  ef* 
feft  not  being  fo  eafily  afcertained  by  theory  as  experience,  were 
wifely  limited  to  a  ftrort  period.  It  has  often  been  aflccd,  and  with 
an  air  of  confcious  triumph,  what  fingle  equivalent  have  we  got  for 
fo  many  and  great  conceffiohs  on  our  part  ?  Let  us  review  for  a  nn)- 
mcnt  the  pjound  we  have  gone  over,  and  fee  if  an  anfwer  cannot  be 
given  which  will  fatisfy  all  the  real  friends  to  the  intereft  of  our 
country. 

We  have  gained  all  the  Weftern  pofts  without  bloodflied— we  have 
obtained  a  promife  of  complete  indemnity  for  all  unlawful  fpoliations 
on  our  trade,  as  loon  as  an  impartial  tribunal  (hall  have  afcertained 
Ibe  amour/  of  our  loffes — we  have  obtained  a  liberal  and  periMment 


J 


^ 


:  ^i ;  if 

,    ;'■■,)•  I. 

•■•   .     :l::l    .Ml 


H 
mm 


.  •■■m^ 


t2         VINDICATION  OF  Mr.  JAY's  TREATY, 

commerce  between  our  frontiers  and  the  whole  frontier  of  the  Britilk 
provinceb  in  America,  and  we  have  by  thefe  means  removed  the 
principal  fources  of  national  complaint  againft  Great  Britain,  and 
fecured  to  our  country  the  continuance  of  the  bleflings  of  Peace. 
And  what  have  we  conceded  on  our  part  i  We  have  promifed  to  pay 
fuch  loiTes  only  as  Britifh  creditors  have  fuffered  in  their  debts,  by 
occafion  of  legal  impediments  in  this  country,  as  foon  as  an  impartial 
tribunal  (hall  have  alcertained  tlie  amount  of  fuch  lofles,  and  to  pay 
for  fuch  BritiHi  veffels  only  as  we  have  fuffered,  without  ufing  the 
means'"  in  our  power  to  prevent  it,  to  be  captured  within  our  territory, 
contrary  to  the  law  of  nations.  And  we  have  alfo  allowed  a  liberal 
and  permanent  commerce  between  Canada  and  our  interior  poifefTions. 
Thefe  are  the  material  parts  of  the  permanent  treaty,  and  it  appears 
that  both  nations  have  conceded,  in  thofe  inttances,  what,  in  juftice 
and  equity,  they  ought  to  have  done,  and  to  have  manifefted  a  mu- 
tual difpofition  to  forge  pad  animofity,  and  to  live  upon  friendly 
terms  hereafter. 

CURTIUS. 


NUMBER    VII. 


i--:X 


Si 


IN  examining  the  commercial  part  of  the  treaty,  we  are  not  t» 
enquire,  as  we  have  heretofore  done,  into  matter  of  ftri<fl  right. 
Arrangements  of  commerce  muft  depend  upon  the  good  will  and  plea- 
fure  of  the  contrafting  parties.  They  are  things  of  impcrfeft  obliga- 
tion only,  and  cannot  be  peremptorily  demanded.  Every  nation  will 
accommodate  fo  far,  and  fo  far  only,  as  fuits  her  intereft  and  policy, 
and  it  will  always  be  a  queftion  to  be  determined  in  found  difcretion 
by  other  powers,  how  far  t&eir  intereft  or  policy  will  admit  of  a  con- 
nexion, on  fuch  terms  as  can  be  obtained.  Commercial  proportions 
may  be  granted,  acceded  to,  or  rejected  by  either  party,  without 
affording  to  the  other  any  juft  caufe  of  war.  It  is  therefore  a  matter 
for  confideration,  how  far  the  remaining  articles  of  the  treaty  are  ad- 
milTible  or  not,  upon  the  principles  of  public  expediency. 

Although  the  1 2th  firticle  may  now  very  properly  be  left  out  of 
difcuflion,  yet  fince  it  is  the  fafhion  to  reprobate  it  in  the  nioft  un- 
qualified terms,  and  to  ufe  it  as  an  inflrument  for  inflaming  the  pub- 
lic pafTiqns,  as  well  as  to  carry  difgrace  to  the  other  parts  of  the  work, 
^t  may  not  be  amifs  to  give  it  fome  examination. 

It  is  well  known  that  every  European  nation  has  endeavoured, 
niore  or  lefs,  to  moponoli^e  to  itfelf,  the  commerce  of  thefe  colonif.s, 
•and  upon  that  account  prohibited  the  fliips  of  foreign  nations  frcm 
trading  to  them,  and  has  prohibited  them  from  importing  European 
goods  fi-om  any  foreign  nation. — ^This  has  been  the  cafe  with  Den- 
mark, Holland,  France,  Spain,  Portugal,  and  Great  Britain,  although 
the  manner  in  which  this  monopoly  has  been  exercifed  in  thofe 
different  nations,  has  been  very  different.  Great  Britain  has  been 
|ts  much  diflinguifhed  as  any  of  her  neighbours,  during  a  century 


.i>  5 


BY  CURTIUS. 


8S 


out  of 

)(l  un- 
je  pub- 
work, 

oured, 
lonif.Sy 

from 
opean 

Den- 
ihough 

thofe 

beea 
cntury 


paft,  for  a  pertinacious  adherence  to  the  monopoly  fydein,  and  it 
Jias  become  one  of  the  rivetted  maxims  of  her  policy,  to  regard  the 
exclufive  enjoyment  of  her  colony  trade,  as  an  eiTential  nurfery  of 
Teamen,  and  a  conftant  fupport  of  her  naval  power.  So  late  as  the 
year  1783,  Lord  Sheffield  gave  his  fandlion  to  this  ancient  doctrine, 
and  faid,  that  it  would  be  impolitic  in  Great  Britain  to  admit  Ame- 
rican veflels  into  the  Britifli  Weft  India  iflands,  and  we  fee  with 
what  great  allowance  we  ought  to  compare  the  privileges  conceded 
in  this  article,  with  the  theory  of  an  unlimited  commerce. 

The  French  convention,  during  their  prefent  revolution,  have 
recognifed  and  adopted  the  Englifli  policy.  This  appears  from  the 
eloquent  report  of  Barrere,  upon  their  navigation  ail,  which  is  in- 
tended for  perpetuity,  and  is  declared  to  be  the  bafis  of  their  policy 
and  commerce.  The  a6t  ordains,  that  no  commodities  fhall  be  im- 
ported into  France,  but  in  French  veflels,  or  in  thofe  of  the  country 
which  produced  the  commodity ;  and  that  foreign  veflels  ftiall  not 
tranfport  from  one  French  port  to  another,  any  commodities  of  the 
growth  or  manufaftures  of  France  or  her  colonies. — And,  notwith- 
ftanding  the  neceflities  of  the  war  may  have  induced  the  French  to  a 
temporary  departure  from  this  aft,  we  may  be  aflured,  the  principles 
advanced  in  the  report,  are  too  generally  and  powerfully  felt,  not 
to  induce  them  to  adhere  to  it  on  the  return  of  peace,  as  the  fure 
bafis  of  their  maritime  ftrengtb.  "  The  prohibitions  of  a  navigation 
aft,"  fays  Barrere,  "  ftiould  be  as  extenfive  as  they  could  be  made, 
for  without  them  it  would  be  a  mere  illufory  meafure.  The  Englifli," 
continues  he,  **  from  whom  we  borrow  this  fyftem,  have  given  it 
that  extenfion,  and,  indeed,  they  are  to  be  applauded  for  it." 

When  we  confider  the  value  that  is  attached  to  the  carrying  trade, 
in  the  opinion  of  the  European  nations,  we  have  no  realbn  to  be  dif^ 
appointed  that  Mr.  Jay  could  not  get  accefs  to  the  Britifli  Iflands  Cii 
better  terms.  It  was  to  have  been  wiflied  that  he  could  have  got  the 
admiflion  of  veflels  of  any  burden  into  this  trade,  but  this  was  un 
doubtedly  beyond  his  power.  While  Great  Britain  confented  to  ad- 
mit us  to  trade  to  her  iflands  in  our  own  bottoms,  we  may  be  aflured 
flie  was  determined  to  do  it  in  fuch  a  manner  as  not  materially  v.-  ?ffeft 
her  carrying  trade,  the  fource  of  her  fecurity  and  greatnefs.  This 
muft  have  been  the  reafon  with  her  for  reftrifting  our  veflels  to  70 
tons  and  under  (and  indeed  it  is  underftood  that  die  treaty  was  kept 
open  for  fbme  time  on  the  part  of  Mr.  Jay,  while  he  was  endeavour- 
ing to  extend  this  claufe)  and  from  carrying  any  melafles,fugar,  coffee, 
or  cotton,  either  from  her  iflands  or  theU.  States,  in  veflels  of  the  United 
States,  to  any  where  but  this  country.  It  will  be  aflced  why  Great 
Britain  ftiould  wifli  to  reftrain  us  from  carrying  any  of  thefe  articles 
to  Europe,  provided  they  are  not  the  growth  of  her  iflands  ?  the  an- 
fwer  is,  that  nothing  fliort  of  a  total  prohibition,  would  in  her  opinion* 
effeftually  fecure  her  carrying  trade,  fince  her  own  and  foreign  fugar 
or  coffee  would  not  eafily  be  diftinguiflied,  and  any  modification  would 
have  opened  a  wide  door  to  elude  the  whole  Lnt«at  of  the  refiraiot, 


t 
If 
J 

J 


VINDICATION  OF  Mr.  JAY's  TREATY, 


'•.■4«4l 


r 


■•1! 

■| 
'  ill 


Mwukl  have  rendered  the  ^vhole  piohibition,  to  ule  the  words  of 
Barrere^  a  mere  Ulufory  meafure. 

It  is  not  my  intention  to  vindicate  either  the  juftnefs  or  liberality 

of  this  policy  on  the  part  of  Great  Britain.     It  is  fufilcieut  to  fay 

.that  it  appears  to  have  been  her  iafitxiblepolicy,  and  to  which  (lie 

thought  herfelf  bound  in  duty  to  adhere.  The  only  queftion  is,  whe- 

(ther  there  was  any  reafonable  profpedt  at  prefent  of  our  obtaining 

'better  terms ;  and,  if  not,  whether  it  was  not  ujion  the  whole  /or 

our  intereft  to  accept  of  the  trade  upon  thofe  terms  ?   This  nuy  yet 

JK  i  doabtfiU  point,  though  I  acknowledge  a  confiderable  objedlion 

•tia  the  ,iath  article  as  it  now  (lands,  that  is,  the  prohibition  to  carry 

-mekf&s,  fugar,  cotton,  &c.  to  Europe,  is  fo  general  as  to  include 

'.thofe  articles  even  of  our  own  produdion.     This  prohibition,  witli 

•refpeA  to  coffee  and  fugar  in  particular,  it  is  &id(  would  be  very  in- 

xonvenient  to  v&  during  the  prefent  war,  though. in  time  of  peace  it 

.'would  te  of  no  confequence. — ^The  1 2th  article  does  not  prohibit  us 

from  'exporting  any  of  thole  articles  from  the  other  Weft  India  illands 

to  any  part  of  the  world.     We  are  only  reftrifted  from  exporting 

thera  from  the  Britiih  Weft  India  iftands  (except  to  the  United  States) 

rin  order  to  prelerve  to  the  Englifh  their  carrying  trade,  and  from 

the  United  States  in  order  to  preferve  the  other  reftraint  from  evadon. 

It  ought  not  to  be  forgotten  that  this  article  was  limitted  to  two 

years  from  the  conclufion  of  the  prefent  war,  and  then  the  contradt- 

■isg  parties  were  to  endeavour  to  regulate  this  trade,  with  a  view  to 

their  mutual  advantage,  and  the  extenfion  of  commerce ;  and,  if  they 

'fliouM  not  agree  on  new  arrangements,  all  the  articles,  except  the 

firft  ten,  were  to  fall  to  the  ground.     At  the  end  of  the  two  years, 

,  we  fhould  moft  probably  have  entered  on  the  negociation  with  much 

lefs  difficulty  than  at  prefent. — The  Btitifli  Weft-Indies  ftipuld;have 

rbeen  for  fcwne  time  accuftomed  to  the  benefits  of  our  trade,  and  have 

•got  into  the  habit  of  placing  their  dependence  as  well  as  their  aifec- 

-tions  upon  it ;  while  the  mother  country  would  have  been  a  little 

•familiarifed  to  our  trade  with  her  colonies,  and  her  jeiilounes  and 

.'.prejudices  would  probably  have  greatly  dimintflied  witii  -regard  to  it. 

We  (hould  have  renewed  the  difcuffion  witli  all  thofe  advantages 

I'Which  we  now  want,  and  the  chance  is,  that  the  intercourfe  would 

knot  only  have  been  continued,  but  been  attended  with  a  favourable 

.enlargement.  And  if  eventually  the  necgociation  fliould  have  failed, 

-and  left  only  the  ten  firft  articles  of  the  treaty  remaining,  yet  thofe 

articles,  as  we  noticed  in  the  laft  number,  are  well  worthy  of  the 

jnillion,  fince  they  reftore  tranquillity  and  juftice  to  our  country. 

The  1 3th  article  of  the  treaty  relates  to  our  commerce  with  the 
•Britiih  Eaft-Indies,  and  all  the  advantages  which  are  conceded  to 
-us  by  this  article,  are  without  the  fmalleft  pretended  equivalent  on 
our  part.  The  privileges  of  this  article  are  not  denied  by  thofe  who 
have  been  moft  diftinguifhed  for  their  indifcriminate  condemnation  of 
;the  whole  treaty.  Deem  complains,  however,  that  our  commerce 
.was  on  a  better  footing  before,  by  the  mere  permiffion  of  the  Britifli 
jjovernment.     It  is  fufficient  to  obferve  in  anfwcr  to  this,  that  the 


BY  CURTIUS. 


«5 


itry. 
nth  the 
ceded  to 
lent  en 
liofe  who 
lation  of 
bmmerce 
Britilh 
Ithat  th5 


fame  permiflion  can  dill  be  continued  :  there  is  nothing  in  this  article 
which  prohibits  the  India  coafHng  trade.  It  would  have  been  unne- 
ceflary,  for  fuch  prohibition  exilted  before.  The  article  barely  de- 
clares, that  none  of  its  privileges  (hall  be  condrued  to  extend  to  the 
coaifting  trade.  In  other  refpefts  it  leaves  that  trade  juft  as  it  found 
it,  under  the  precarious  pleafure  of  the  Britifh  government.  But 
prior  to  this  article,  our  whole  intercourfe  with  Britiih  £a(l-India 
was  a  matter  of  favour,  and  furely  it  is  a  very  important  confidera- 
tion  that  we  can  now  claim  it  as  a  matter  of  right.  Mr.  Jefferfon, 
in  his  report  on  the  pri\ileges  and  reftri(^ions  of  our  commerce  in  fo- 
reign countriA,  feems  to  have  thought  very  differently  from  DeciuSf 
on  the  fubjedt  of  a  precarious  trade.  He  confidered  a  commerce  de- 
pending on  the  foie  difcretion  of  a  foreign  power,  as  a  real  inconve- 
nience. ••  The  difad vantage  (he  obfenes)  of  a  tenure  which  may 
be  fuddenly  difcontinued,  was  experienced  by  our  merchants  on  a 
late  occafion.  The  embarrafTments  of  the  moment  were  grccit,  and 
the  poflibility  of  their  renewal  lays  our  commerce  to  England  under  a 
fpecies  of  difcouragement.  The  dirtinftion  's  too  remarkable  not  to 
be  noticed,  that  our  navigation  is  excluded  from  the  (ecurity  of  fixed 
laws,  while  tliat  fecurity  is  given  to  the  navigation  of  others." 

Thefe  remarks  of  Mr.  Jefferfon  are  folid  ;  and  they  out-weigh  a 
thoufand  town-meeting  refolves.  Without  this  treaty  our  trade  to 
every  Briti/h  port  can  be  inter didled  by  a  nod  of  the  Briti/b  executive. 
But  by  this  treaty,  our  commerce  to  England  and  the  Eaft  Indies, 
which  now  rells  on  the  will  of  the  minittry  or  the  colonial  govern- 
ment, is  placed  on  the  footing  of  permanent  right.  Intliis  refpeft, 
we  gain  an  immenfe  advantage — an  advantage  that  we  do  not  enjoy 
to  the  fame  extent,  with  any  other  nation  upon  earth. 

The  commercial  conceflions  on  the  part  of  Great  Br'rain,  which 
we  have  been  juft  reviewing,  are  not  only  equal,  but  fuperior  to  thofe 
which  are  to  be  met  with  in  the  commercial  treaties  between  her  and 
other  powers,  for  more  than  ?.  century  pad. 

The  treaty  between  Great  Britain  and  Spain,  in  1 667,  and  wliich 
for  its  advantages  in  matiers  of  trade,  was  confirmed  in  17 13,  takes 
fpecial  care  to  limit  the  commerce  of  the  two  nations  to  the  territories, 
provinces  and  iflands,  to  <which  trade  and  commerce  had  before  been  ac- 
cujlomed.  And  yet  two  years  afterwards  his  Catholic  majefty,  as  an 
evidence  of  his  inclin..tion  to  cultivate  friendihip,  does  indeed  allow 
the  Englifh  to  gather  fait  in  the  ifle  of  Tortugas,  becaufe  they  had  en- 
joyed that  liberty  in  the  reign  of  Charles  II. 

In  the  treaty  of  commerce  and  navigation  between  Great  Britain 
and  Ruflia,  which  was  made  in  the  year  1766,  the  friendly  privile- 
ges of  trade  between  the  two  powers,  were  confined  to  fuch  places 
"johere  leave  is  granted  to  the  fnljeus  of  of  her  nations.  In  the  fam'^ 
fpirit  of  jealoufy  and  colony  monopoly,  which  appea;s  but  too  pre- 
valent throughout  Europe,  Ruffia  takes  care  in  her  treaty  of  amity 
and  commerce  with  Denmark,  in  the  year  1782,  to  excc-pt  from  tie 
commercial  grant,  her  ports  of  the  Black  and  Cafpian  fcas,  and  all 
her  other  poffedions  in  Afla — and  the  king  of  Denmark,  on  his  part, 

M 


-'^'. 


"J 
J 


r 


i$         VINDICATION  OF  Mr.  JAV's  TREATY, 

excepts  alfo  his  pofTeHions  in  America,  and  elfewhere  out  of  Europe;. 
Nay,  in  the  more  recent  treaty  between  France  and  England,  in 
1786,  and  which  was  made  with  the  exprefs  view  of  promoting  a 
more  liberal  intercourfe,  the  trade  is  limited  to  each  others  territories 
Jituated  in  Europe. 

Nor  have  our  own  treaties  of  commerce  with  the  powers  of  Eu- 
rope been  more  favoured  in  this  refpe(5^.  In  the  treaty  with  France, 
on  which  fo  much  unqualified  applaufe  has  been  beftowed  by  the 
enemies  of  the  inftrument  under  confideration,  there  is  no  very  ex- 
tenfive  admiffion  to  her  colonial  pofleflions.  France  indeed  grants 
us  as  a  matter  of  favour,  one  or  more  ^ree  ports  in  Europe,  and  the 
free  ports  ivhich  have  been  and  are  open  in  the  French  ijlands  in  ytmerica* 
And  in  our  treaty  of  commerce  with  Holland,  we  exprefsly  ftipu- 
latt  to  leave  to  the  Dutch  tht peaceable  enjoyment  of  their  rights  in  the 
covnti  ies,  ijlandsy  and  feasy  in  the  Eafi  and  Weft  Indiesy  ivithont  any 
hi  france  or  moieftation.  This  is,  indeed,  ftipulating  for  the  i>erpe- 
tuhyor  their  monopoly.  On  the  other  hand,  Great  Britain,  bythtf' 
ij&i  irticle  of  the  prefent  treaty,  gives  us  a  free  and  liberal  admif- 
fion  nto  all  her  territories  in  the  Eaft  Indies  ;  an  immenfe  country, 
wiiich  contains  more  than  20  millions  of  inhabitants,  is  guarded  by 
any  ■•'•my  of  above  70,000  men — and  yields  an  annual  revenue  of 
n:P'  c  th  m  eight  millions  fterling.  And  the  only  reftriftion  to  which 
we  hhid  ourlelves,  in  return,  is  not  to  carry  her  Eaft  India  commo- 
dities to  any  country  but  America,  where  they  Ihall  be  unladen — a 
redridlion  which  Britain  could  very  reafonably  aik  as  afecurity  to  her 
carrying  trade. 

I  cannot  but  conclude,  that  eveiy  reafonable  man  will  fee,  in  this 
article,  feme  evidence  of  a  fpirit  of  accommodation  on  the  part  of 
Great  Britain,  and  much  proof  of  influence  and  ability  in  our  ne- 
gociator. 

CURTIUS.      1 


NUMBER    VIIL 


Article   14. 

THIS  article  admits  Ameiicns  t  >  a  free  trade  to  the  Britift 
dominions  in  Europe,  and  Britilh  fubjedls  to  the  fame  free 
trade  in  the  Unit&d  States. 

One  would  think  that  this  aruck  was  fo  reciprocal  as  to  sdmit  of 
no  ground  of  cenfure.  But  even  this  article  has  not  given  us  an 
equivalent  in  the  opinion  of  fome  men,  who  contend,  that  as  Britifli 
vefTels  are  excluded  from  no  port  in  the  United  States,  fo  Americao 
yeffels  ought  to  be  excluded  from  no  port  in  the  Britijh  territories. 

Deciusi&ysy  "  we  can  only  go  to  a  fmall  part  of  the  Britiih  domi- 
nions, viz.  to  thofe  in  Europe  ;"  and  he  fhould  have  added,  vre  are 
admitted  there  only  by  proclamation  from  year  to  year. 


BY  CURTIUS. 


»7 


But  does  Dec'tus  value  a  commercial  country  by  its  geographical  di- 
menlions  \  Do  thefe  conftitute  the  greatnefs  or  Imallnefs  of  commer- 
cial privileges  i  This  certainly  is  a  new  doctrine  ;  and  the  chicanery 
of  fuch  infinuations,  deferves  reprobation  by  every  honeft  man. 

No  matter  what  is  the  fize  of  Great  Britain — admit  that  it  does 
not  comprehend  more  land  than  the  ftate  of  New- York,  has,  in  a  re- 
publican humour,  fold  to  an  individual :  this  is  nothing  to  the  point. 
The  trade  of  that  fpot  of  earth,  is  at  lead  double,  not  to  fay  treble, 
the  trade  of  the  United  States. — By  admitting  American  citizens  to 
a  free  participation  of  this  commerces  we  have  more  than  an  equiva- 
lent for  a  free  admifBon  of  Britifh  vefTels  into  all  the  ports  of  the  Uni- 
ted States. 

The  reflexion  of  Decius,  that  our  "  envoy  has,  in  this  place, 
brought  the  principles  of  inequality  into  confpicuous  adlion,  as  if 
anxious  to  circumfcribe  our  commerce,  and  that  he  lofes  no  oppor- 
tunity of  impofing  reflri<fHons  on  it,"  has  not  a  (hadow  of  founda- 
tion— it  is  the  fabrication  of  a  moil  malignant  mind.  The  whole 
article  is  founded  on  moft  equal  and  reciprocal  principles,  fo  far 
as  regards  Great  Britain,  independent  of  her  colonies  :  but  in  pro- 
portion to  the  extent  of  the  manufadlures  and  export  of  that  coun- 
try, it  is  moft  advantageous  to  America. 

It  is  faid  that  we  are  not  admitted  into  all  the  BritiHi  colonies- 
True  ;  but  fuch  admiffion  would  be  a  conceflion  to  us  without  aa 
equivalent,  for  we  have  no  colonies  to  exchange  the  benefit. 

Let  us  contraft  this  article  with  the  privileges  obtained  by  the 
treaty  with  France,  negociated  by  the  "  Venerable  Franklin."  By 
the  3cth  article  of  that  treaty,  "  The  moll  chrittian  majefty  will 
grant  the  fubjefts  of  the  United  States  one  or  more  free  ports  in  Eu- 
rope, and  the  free  ports  which  have  been  and  are  open  in  the  French 
iflands."  Since  the  revolution,  neceflity  has  compelled  the  con- 
vention to  open  all  the  ports  in  France  ;  but  which  nation  was  moft 
liberal  in  times  of  peace,  or  moft  jealous  of  its  trade  ? 

Great  Britain  opens  all  her  ports  in  Europe — all  her  ports  in  the 
Eaft  Indies — and  all  her  ports  in  the  Weft  Indies,  to  veilels  of  fmall 
burden,  reftri^ling  only  the  dire<ft  carrying  trade  from  her  colonies 
to  Europe.  France  opened  one  or  more  ports  in  Europe,  fome  of 
her  ports  in  the  Weft  Indies,  and  not  one  in  the  Eaft  Indies. 

This  is  a  fair  ftatement  of  the  advantages  of  trade  with  the  two 
cc'T'tries,  as  we  enjoyed  them  with  France  before  the  revolution^ 
and  as  we  rtiould  enjoy  them  by  the  prefent  treaty  with  Great  Bri- 
tain ;  and  let  any  man  decide,  which  treaty  is  the  moft  liberal,  ia 
refpeft  to  opening  the  ports  of  the  two  countries  and  their  colonies. 
The  advantage  is  infinitely  on  the  fide  of  the  prefent  ueaty  with 
Great  Britain. 

Article  15. 

This  article  ftipulates  that  each  nation  fliall  be  treated  by  the  otiier, 
on  T  K'  looting  of  the  moft  favoured  nation.  So  far  the  article  cor- 
re(po.-vs  exactly  with  all  our  other  treaties  :  viz.  with  Frar  le,  Swe- 
den, Holland  and  Pruflla*      The  fecond  cUufe  gf  the  article,  re- 


■  i  1 

■ic: 

'■    '^ 

:li»\  I 


t 

J 


p^  !'i 


'  ;>? 


88 


VINDICATION  OF  Mr.  JAY's  TREATY, 


ferving  to  Great  Britain  the  right  of  impofing  duties  on  our  tonnage, 
equal  to  what  we  impofe  on  BritiHi  tonnage  in  our  ports,  concedes 
nothing  bur  what  Great  Britain  now  enjoys  ;  that  is,  the  right  of 
treating  our  trade  as  we  treat  her's.  And  the  agreement  in  the  laft 
clauTe,  that  the  United  States  will  not,  for  a  cenain  period,  increafc 
the  duties  on  Britifh  tonnage,  as  a  reilridlion  that  cannot  injure  our 
trade.  • '  iv  . 

Indeed  no  obje(flion  Teems  to  be  made  to  this  article,  except  that 
it  binds  the  United  States  to  treat  Great  Britain  as  well  as  we  treat 
other  nations.  This,  with  men  of  party  fpirit,  who  fuffer  tlieir 
paflions  to  lead  their  opinions,  is  a  mod  unpardonable  crime. 

I  truft,  however,  that  the  government  of  America  will  regulate 
its  meafures,  even  towards  Great  Britain,  with  juftics  and  impar- 
tiality. I  am  perfuaded  it  is  not  only  mofl  honourable,  but  mod 
expedient ;  and  that  juflice  and  a  fpirit  of  accommodation  will  pro- 
cure more  advantages  than  a  revengeful,  retaliating,  hofUle  difpoli- 
tion. 

The  1 6th,  reipeding  confuls,  is  probably  not  objedlionable. 

Article   17. 

This  is  one  of  the  articles  which  has  excited  the  mod  violent  cla- 
mours. Indeed  we  cannot  but  obferve,  that  fuch  articles  as  may 
affed  the  French,  are  reprobated  with  more  warmth  than  thofe  which 
affeA  folely  the  interefts  of  the  United  States.  It  would  feem  by  the 
zeal  difcovered  on  this  occaiion,  that  this  treaty  ought  iirll  to  have 
confulted  the  wants  and  wifhes  of  France  ;  and  the  inteiefts  of  the 
United  States  ought  to  have  been  only  a  fecondary  condderation. 
There  is  certainly  a  precept  of  high  authority,  "  that  we  (hould  love 
our  neighbour  as  ourfelves  ;"  but  I  know  of  no  rule  that  requires  one 
nation  to  love  another  better  than  itfelf. 

I  am  difpofed  to  treat  the  French  nation  with  the  utmoft  impar- 
tiality, juftice  and  friendfhip  ;  and  in  our  ccmpads  with  their  ene- 
mies, we  ought  to  make  no  facrifices  of  their  interert,  and  yield  no 
points  to  their  enemies,  which  the  neceffity  of  the  c«fc,  and  th°  ef- 
fential  intereits  of  our  own  country  do  not  require. 

By  this  maxim  let  the  articles  which  may  atFeft  France  be  fairly 
examined. 

The  great  objeftion  to  the  17th  article,  is,  that  it  "  has  (blemnjy 
relinquifhed  a  point,  which,  to  us,  was  of  more  value  than  the  amount 
of  all  the  depredations  on  our  trade,  the  fums  due  to  us  for  negroes, 
and  lofles  l«y  detention  of  our  polls."  Now,  what  is  the  point  re- 
linquifhed ?  The  anfwer  is,  nothing  which  was  our  ov/n  ;  nothing 
which  we  could  command  :  nothing  which  the  Britifli  nation  did  not 
enjoy  before. 

The  article  ftipulates,  that  veiTels  captured  on  fufpicion  of  having 
enemies  property  on  board,  or  of  carrying  contraband  articles  to  an 
enemy,  ihall  be  brought  inio  the  nearell  or  moli:  convenient  port,  and 
if  any  property  of  an  enemy  is  found  on  board,  tha:  part  only  which 
belongs  to  the  enemy  fhall  be  made  prize.     This  is  faid  to  be  a  re- 


BY  CURTIUS. 


89 


linquifhment  of  an  important  point  on  our  part.     This  is  a  grofs  mif- 
reprefentation. 

Relinquilhment  implies  an  abandonment  of  fomething  poflefTed. 
If  we  never  had  a  right  to  prevent  the  capture  of  our  veflels,  on 
fufpicion  of  having  enemies  property  on  board,  and  to  prevent  the 
feizure  of  that  property,  then  we  have  not  relinquifhed  it.  But  that 
right,  with  relpedt  to  nations  not  in  treaty  with  us,  we  never  poflef- 
fed ;  we,  therefore,  have  yielded  nothing  that  we  before  enjoyed. 

By  the  law  of  nations,  any  neutral  veflel  may  be  (lopped  and 
Searched,  and  any  property  of  an  enemy  found  on  board  may  be 
feized.  This  law  cannot  be  altered  but  by  confent  of  the  contraA- 
ing  parties.  Great  Britain  has  that  right  confcfTedly,  and  flie  will 
not,  at  prefent,  confent  to  relinquiih  it.  She  will  exercife  tliat 
right — (he  does  exercife  it — and  where  is  the  power  to  compel  her 
to  abandon  it  ? — fVe  have  no  fuch  power,  nor  is  there  a  power  on 
earth  that  has  a  right  to  demand  it,  or  authority  to  enforce  fuch  a 
demand.  If  that  is  ever  furrendered,  it  mud  be  by  voluntary  con- 
fent. 

This  being  the  true  (late  of  things,  what  has  the  article  of  the 
treaty  (lipulatcd  ?  Obferve  the  trade.  It  is  not  faid  the  property  of 
an  enemy  may  be  taken — but,  taking  the  right  for  granted,  it  (ays, 
the  enemy* t  property ^  only^Jball  be  made  prize. 

The  article  further  ftipulates,  and  this  was  obvioudy  the  main  puT'* 
pofe  of  inferting  it  in  the  treaty,  that  the  veiTel  (hall  be  (tifFered  to 
proceed  with  the  reft  of  her  cargo,  without  impediment — ^that  there 
(hall  be  no  delay  in  deciding  on  fuch  cafes,  and  in  the  payment  or 
recovery  of  indemnification  by  the  owners  or  by  the  mailer  of  the- 
ve(rels. 

In  (hort,  the  whole  amount  of  the  article  is,  that  the  pr*  >ice  of 
flopping  and  examining  (hips  for  enemy's  property — a  pra^ice  au- 
thorifcd  by  the  law  of  nations — a  praiftice  which  Great  Britain  will 
not  re(ign,  and  which  we  cannot  perfuade  or  compel  her  to  re- 
(ign — that  this  practice  (hall  be  rendered  as  little  inconvenient  to  our 
trade  as  podible.  The  article  was  intended  to  reftrain,  as  far  as 
poflible,  the  abufes  of  this  practice  by  licentious  privateers. 

There  are  many  men,  who,  without  any  rule  of  condufl  prefcrib- 
ed  to  them,  would  behave  with  unbounded  licentioufnefs ;  but  if  a 
national  compaft  is  before  their  eyes,  they  will  refpedl  the  rules  pre- 
fcribed.  So  far,  therefore,  as  the  article  goes,  it  can  do  no  harm ; 
but  it  may,  and  often  will,  do  good. 

But  to  exhibit  this  thing  in  dill  ftronger  light,  I  will  give  the  whole 
of  Mr.  JefFerfon's  letter  on  the  fubje<5t.  It  is  an  anfwer  to  a  remon- 
llrance  from  Mr.  Genet  to  the  prelident,  refpedting  the  feizure  of 
French  property  on  board  of  American  vefTels,  dated  July  9,  1793. 
It  is  the  very  point  in  queftion,  and  as  the  reafoning  of  Mr.  Je(Ferfon 
is,  in  the  prefent  cafe,  unanfwerable,  it  is  proper  the  public  (hould 
have  the  letter  entire. 


e 


■25. 

Hi' 

J: 


!    !■ 


,90         VINDICATION  OF  Mr.  JAY's  TREATY, 


■■»  •  .,,.    .l..-,J.v 


"i*. 


C'l 


I'.i.ri  :., 


Philadelphia,  July  24th,  1793. 

JUr.  Jtfftrjony  Secretary  of  State^  to  Mr.  Getut,  Minifter  PUnipoteH» 

tiarj  of  Frame. 

Sir,  .,  ■  ■■"'  '  •  '  '-■''        ■■    '    •-  •         •     '  - 

YOUR  favour  of  the  9th  inll.  covered  the  information  of  Silvat 
Ducamp,  Pierre  Neuvcl,  Chouquet  de  Savarence,  Gafton  de  No- 
gere,  and  G.  Beauili  r,  that  being  on  their  pafTage  from  Uie  French 
Weft  Indies  to  the  United  States,  with  flaves  and  merchandife  of 
their  property,  tlit^fo  veffels  were  ftopped  by  BritiOi  armed  veflels, 
and  their  property  taken  out  as  lawfiil  prize. 

I  believe  it  cannot  be  doubted,  but  that  by  the  general  law  of  na- 
tions, the  goods  of  a  friend  found  in  the  veffels  of  an  enemy,  are  free, 
and  the  goods  nf  an  enemy,  found  in  the  vefTel  of  a  friend,  are  law- 
ful prize.     Upon  this  principle,  I  prefume,  the   Britifh  armed  vef- 
fels have  taken  the  property  of  French  citizens  found  in  our  veflels, 
in  the  cafes  above  mentioned,  and  I  confefs  I  fliould  be  at  a  lofs  on 
what  principle  to  reclaim  it.    It  is  true,  that  fundry  nations,  dcfirous  of 
avoiding  the  inconvenience  of  having  their  veflels  ftopped  at  fea,  ran- 
facked,  carried  into  port,  detained,  under  pretence  of  having  enemy's 
goodi.  on  board,  have,  in  many  inftances,  introduced  by  their  fpecial 
treaties,  another  principle  between  them,  that  enemy  bottoms  fliallmake 
enemy  goods,  and  friend'y  'oottoms  friendly  goods  ;  a  principle  much 
Icfs  embarrafltng  to  cotturict  ce,  and  equal  to  all  parties  in  point  of  gain 
,and  lofs  ;  but  this  is  altof;  -;ther  the  effeft  of  particular  treaty,  controul- 
ing,  in  fpeciid  Cfefcs,  the  general  principle  of  the  law  of  nations,  and 
therefore  takuig  effeA  between  fuch  nations  only  as  have  fo  agreed 
to  controul  it.     England  has  generdly  determined  to  adhere  to  the 
rigorous  principle,   having,  in  no  inftance,  as   far  as  I   recoll;:£t, 
agreed  to  modification  of  letting  the  property  of  the  goods  follow 
riiat  of  the  vefTel,  except  in  the  fingle  one  of  her  treaty  with  France. 
We  have  adopted  this  modification  in  our  treaties  with  France,  the 
United  Netherlands,  and  Pruflia  ;  and  therefore,  as  to  them,  our  vef- 
fels cover  the  goods  of  their  enemies,  and  we  lofe  our  goods  when 
in  the  veflTels  of  their  enemies.     Accordingly,  you  will  be  pleafed  to 
recoUedl,  that  in  the  late  cafe  of  Holland  and  Mackie,  citizens  of 
the  United  States,  vfho  had  laden  a  cargo  of  flour  on  board  a  Britifli 
veffel,    which  was  taken  by  the   Jfrench  frigate  Ambufcade,    an**, 
brought  into  this  port ;  when  I  reclaimed  the  cargo,  it  was  only  on 
the  ground  that  they  were  ignorant  of  the  declaration  of  war  when 
it  was  fhipped. 

You  obferved,  however,  that  the  14th  article  of  our  treaty  had 
provided,  that  ignorance  fhould  not  be  pleaded  beyond  two  months 
after  the  declaration  of  war,  which  term  had  elapfed,  in  this  cafe,  by 
fome  few  days ;  and  finding  that  to  be  the  truth,  though  their  real 
igporance  was  equally  true,  I  declined  the  reclamation,  as  it  neTcr 


BY  CURTIUS. 


9* 


our 

It. 

e 
.vn; 


vas  in  my  view  to  reclaim  the  cargo,  nor  in  yours  to  offer  to  reftore 
it,  by  queftioning  the  rule  eftablifhed  in  our  treaty,  tliat  enemy  hot* 
toms  make  enemy  goods.  With  England,  Spain,  Portugal  and  Auf- 
tria,  we  have  no  treaties ;  therefore  we  have  nothing  to  oppofe  to 
their  adling  according  to  the  general  law  of  nations,  that  enemy  goods 
are  lawful  prize,  though  found  in  the  bottoms  of  a  friend.  Nor  do  I 
fee  that  Franc6  can  fuffer,  on  the  whole,  for  though  fhe  lofes  her 
goods  in  our  veflels,  when  found  therein  by  England,  Spain,  Portu- 
gal or  Auftria,  yet  (he  gains  our  goods  when  found  in  the  veflTels  of 
England,  Spain,  Portugal,  Audria,  the  United  Netherlands,  or 
Pruffia ;  and  I  believe  I  may  fafely  affirm,  that  we  have  more  '  nds 
afloat  in  the  veflels  of  thefe  nx  nations,  than  France  has  afloar 
veiTels,  and  confequently,  that  France  is  the  gainer,  and  we  ' 
by  the  principle  of  our  treaty  ;  indeed  we  are  lofers  in  ever) 
of  that  principle ;  for  when  it  works  in  our  favour,  it  is  to  ' 
goods  of  our  friends  ;  when  it  works  againft  us,  it  is  to  lo^"  oi. 
and  we  (hall  continue  to  lofe,  while  the  rule  is  only  pa.  dally  eila- 
bliHied.  When  we  ffiall  have  eftablifhed  it  with  all  nations,  we  fliall 
be  in  a  condition  neither  to  gain  nor  lofe,  but  ffiall  be  Icfs  expofed  to 
vexatious  fearches  at  fea.  To  this  condition  we  are  endeavouring  to 
advance  ;  but  as  it  depends  on  the  will  of  other  nations,  as  well  as 
our  own,  we  can  only  obtain  it  when  they  ffiall  be  ready  to  concur. 

I  cannot,  therefore,  but  flatter  myfelf,  that  on  revifing  the  cafes 
of  Ducamp  and  others,  you  will  perceive,  that  their  lofles  refult 
from  the  ftate  of  war,  which  has  permitted  their  enemies  to  take  their 
goods,  though  found  in  our  veffels,  and  confequently,  from  circura- 
fiances  over  which  we  have  no  controul. 

The  rudenefs  to  their  perfons  pracftifcd  by  their  enemies,  is  cer« 
tainly  not  favourable  to  the  charaifter  of  the  latter.  We  feel  for  it  as 
much  as  for  the  extenfion  of  it  to  our  own  citizens,  their  compa- 
nions, and  find  in  it  a  motive  for  requiring  meafures  to  be  takea, 
which  may  prevent  repetitions  of  it. 

I  have  the  honour  to  be,  &c.  "• 

Th.  JEFFERSON; 


.:.l«'  I 


•n 

.,1 


I  beg  the  reader  to  note  the  following  claufe  of  the  foregoing  letter  t 
**  To  this  condition,  we  are  endeavouring  to  advance  ;  but  as  it  de- 
pends on  the  <tt>ill  of  oiksr-  nations,  as  well  as  our  own,  we  can  only 
obtain  it,  when  they  ffiall  be  ready  to  concur." 

I  will  clofe  with  remarking,  that  by  our  treaty  with  France,  it 
is  exprefsly  ttipulatcd,  that  free  fliips  ftiould  make  free  goods.  The 
convention,  however,  in  1 793,  ordered  veffels,  laden  with  proviGons, 
to  be  carried  into  tlieir  ports,  in  violation  of  that  treaty.  They  af. 
terwards  revoked  the  decree  with  refped  to  American  veflels.  They 
afterwards  extetfded  the  decree  to  American  veflels,  in  defiance  of  ■ 
(he  treatyt     A  few  months  ago,  they  relented,  confeflied  they  had    , 


^^ 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


L£12.8     12.5 
■  2.2 


I.I 


■  4.0 


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Hiotographic 

Sciences 

Corporation 


23  WIST  MAIN  STREET 

WEBSTER,  N.Y.  14SS0 

(716)873-4503 


O^ 


^ 


9t         VINDICATION  OF  Mr.  JAY's  TREATY, 


I  .i',* 


.1  ,ii, 
'I 


ill-treated  their  allies,  and  annulled  the  decree  a  fecond  time.'  Ar 
Ibtement  of  thefe  fadts  was  made  by  the  Prefident  to  Congrefs,  Dec. 
5,  1 793.  See  his  addrefs  of  that  date,  prefixed  to  the  correfpond- 
eoce  between  Mr.  JefFerfon  and  Mr.  Hammond. 

Such  unfteadinefs  in  public  meafures  operates  peculiarly  to  the 
prejudice  of  trade.  The  merchant,  if  he  knows  enemy's  property 
is  liable  to  feizure,  may  avoid  rifle,  by  declining  to  take  it  on  board. 
But,  when  a  nation  is  changing  its  regulations  on  this  head,  the  mer- 
chant is  expofed  to  vexations,  without  the  power  of  avoiding  the 
cviL 

CURTIUS. 


NUMBER  IX. 
Article  18. 

THIS  is  one  of  the  articles  in  the  treaty,  which  gives  great 
offence.  The  objeAions  to  it  are — «•  That  it  enumerates 
among  contraband  goods,  timber  for  (hip  building,  tar  and  rozin,' 
copper  in  flieets,  fails,  hemp  and  cordage,  and  generally  whatever 
may  ferve  dire^y  to  the  equipnoent  of  vefTels,  unwrought  iron  and 
fir  planks  only  excepted ;  an'd  that  it  admits  provifions,  in  certaitf 
cafes,  to  be  contraband,"  contrary  to  all  our  other  treaties,  and  even 
contrary  to  the  treaty  of  1 786,  between  Great  Britain  and  France. 

I  frankly  acknowledge  that  no  part  of  the  treaty  is  more  vulnera- 
ble  than  this :  no  part  can  fiimifh  more  fubftantial  grounds  of  com- 
pliant. 

This  article  proceeds  from  a  ftridl  adherence,  on  the  part  of  Great 
Britain,  to  every  part  of  the  law  of  nations,  which  favours  her  fupe- 
riority  as  a  great  maritime  power ;  and  its  defence  refts  on  the  ina- 
bility of  our  envoy  to  procure  a  relaxation  of  thofe  laws. 

The  time  for  negociating  this  article  was  unfavourable,  as  in  moft 
other  refpeAs  it  was  favourable.  Great  Britsun,  always  anxious  to 
prefer ''e  her  naval  ftrength,  the  great  and  only  bulwark  of  the  na- 
tion, is  now  engaged  in  a  moft  inveterate  war  with  France,  a  war  on 
which  her  very  exigence  depends,  and  at  this  time,  will  not  yield 
one  claufe  of  the  law  of  nations,  to  abridge  her  own  power  of  cnp> 
pling  the  naval  force  of  her  enemy.  This  is  a  fixed  point ;  and  our 
envoy  could  only  admit  the  article  in  that  form. 

There  were  but  two  alterations ;  both  of  which  would  refult  ih 
the  fatpe  confequences  to  our  trade.  This  idea  is  an  important  one. 
If  dte  article  had  been  rejefted  by  our  minifter.  Great  Britain  has^ 
and  adVually  exerclfest  the  right  by  the  general  laws  of  nation:.,  to  con- 
(ider  all  thofe  articles  contraband,  and  to  declare  them  fuch,  when 
ihe  judges  that  by  thefe  means  {he  can  reduce  her  enemy.  If  the' 
article  was  received,  it  could  give  no  greater  latitude  to  Great  Bri- 
tain than  Hie  enjoyed  before.      Whichever  alternative  our  envoy 


m 


;tTi^3fS'l      BY  CUR.TIU3; 


9f 


mi^t  dioofe^  oar  trade  muft  be  Tubjed  to  the  exercife  of  the  fame 
right  and  to  the  fame  embarraflments. 

If  the  right  of  treating  all  the  artides  mentioned  as  contraband, 
refuks  frohi  die  law  of  nations,  and  if  Great  Britain  will  sot  aban- 
don that  rig^,  a  it  not  better,  in  a  treaty  of  a  temporary  nature,  to 
accede  t»  the  rie^  and  enumerate  the  articles  whnch  are  liable  to 
feizare  arid  oonfifottion,  that  our  merchants  may  know  the  taw,  and 
avoid  lofles,  than  to  fufFer  that  right  to  ftand  on  the  law  of  nations, 
which  i»  idk  Itiaown,  and  wbkh  might  expofe  oar  dtizeas  to  heavy 
lofles?  ' 

£very  liberal  man  rauft  wifli  to  fee  the  field  of  confiicauons  in  wat 
narrowed  as  much  as  poifibk :  bat,  if  we  cannot  drcoraicribe  that 
field,  is  it  not  of  neat  imporunce  to  cor  citizens^  to  mark  out  the 
^trand  with  dilBna  Knes,  that  every  man  may  (fiftinguiih  it  and  fllun 
■he  dfltnger  i 

Eviry  rational  perfoo  will  fay,  kits  nd  this  is  die  effedl  of  this 
iirdde  m  the  treaty. 

I  know  it  has  been  contended,  that  timber  andproviiions  are  not^ 
by  the  kw  of  nadons,  contraband.  But  Vattd,  a  modem  French 
writer,  of  the  higheft  anthority,  indodes  them  among  contraband 
goods.  His  words  are^  **  Commoctides  pardcularly  ufed  in  war, 
and  the  importation  of  which  to  an  enemy  is  prohifabed,  are  called 
contnAand  goods.  Sachare  arms,  military  and  naval  ftores,  dmber, 
kories,  and  even  provilions,  in  certun  jun^tes,  when  there  as» 
hopes  of  reducing  the  enemy  t^  fiunine."  Book  3.  ch^  7,  S^ 
112. 

The  words,  naval  ftores,  indudes  cordage,  hemp,  tar,  rozin,  and 
ev^y  thing  that  ferves  for  the  equimnent  of  (hips  of  war.  In  the 
treaty  of  1 786,  Great  Britain  and  France  had  excepted  naval  ftores 
and  provisions  (com  th«  lift  of  contraband  articles.  That  treaty  is 
annulled  by  die  preient  war ;  and  to  a  numerous  coHedion  of  treaticn 
now  before  me,  I  find  no  inftance  of  an  enumeration  of  naval  ftores^ 
as  excepted  from  contraband,  by  Gneat  Britairi^'  But  naval  ftores 
are  generally  left,  by  that  nadon,  as  contraband  by  the  general  law 
elf  nadons.  The  ri^t  to  coofider  them  fb,  can  be  d)ridge:l  only  by 
treaty  ;  and  Great  Britain,  at  thb  moment,  will  confin^t  to  no  iiictt 
abridgment. 

>  Some  people  fay,  it  is  bettet  to  let  this  point  reft  on  the  hw  of  naii 
dons,  than  to  admit  it  in  a  treaty.  This'  is  merely  a  matter  of  eid 
pedience  ;  but  iT  the  fafety  of  die  merchants'  property  is  confulted, 
it  is,  unqueftionably,  better  to  have  the  contraband  ardcles  enn^' 
merated.  * 

The  ftipuladons  in  the  2d  and  3d  claufe,  of  the  1 8ih  article,  are 
in  fevour  of  neutral  veftels.  The  agreement,  that  when  proviHons 
are  regarded  as  contraband,  they  (hall  be  paid  for  to  their  full  value, 
with  a  ..lercandle  profit,  freight  and  demurrage,  is  a  rule  of  dircdtion 
to  the  captors,  that  may  prove  favourable  to  a  neutral  trade,  fubjefl 
to  be  embarrafTed  by  powers  at  war.  And  the  provifion  of  the  laft 
claufe,  that  neutral  vefTels  entering  a  blockaded  port,  not  knowing 

N 


il:.   ;■ 


1  ■■  I- 


■  m:-  i-i  (: 


y 


#       VINDICATION  OF  Mr.  JAY's  TREATY, 

it  to  be  blockaded,  (hall  not  be  feized  and  confifcated  for  the  firit 
attempt,  is  equally  falutary  and  favourable. 

Article  19* 

This  article  provides  againft  the  ill  uTage  ivhich  the  fubjefis  of 
neutral  powers  are  liable  to  receive  from  the  commanders  of  (hips  of 
war  and  privateers.  This  article  is  common  in  treatie»-*~it.is  in 
nearly  the  fame  words*  as  in  all  our  other  treaties  with  foreign 
nations. 

But  it  will  be  of  much  more  ufe  between  Great  Britain  and  Ame- 
rica, as  it  will  operate  as  a  prohibition  agsunft  impreifing  American 
feamen  on  bokrd  of  Englifh  mips.  It  has  been  objeAed  to  the  treaty, 
that  no  proviiion  of  this  kind  is  included  in  it }  but  the  19th  article 
u  a  direft  prohibition  of  this  pra£ti<ie« 

On  account  of  a  famenefs  of  language,  i(  is  defirable  that  fome  ef<« 
feAual  mode  might  be  devifed  to  diftinguiih  American  from  Bridih 
feamen«  It  might  be  of  importance  that  American  feamen  ihould 
be  provided  with  certificates  of  thejr  citizenfli^t,  under  the  feal  of 
fome  public  officer.  This  doubtlefs  deferves  the  attention  of  our 
executive,  perhaps  of  Congrefs,  as  not  only  Britifti  commanders,  but 
French  alTo,  have  miftaken  American  feamen  for  Britifli,  and  our 
citizens  are  thus  expofed  to  injuftice  from  both  parties. 

It  has  been  objected,  that  the  bonds  required  of  the  commanders  of 

})rivateers  to  indemnify  perfons  injured  are  not  large  enough — ^the 
iims  being  limited  to  1500I.  fterling  for  fmall  privateers,  and  3000I. 
fterling,  in  cafe  the  privateer  carries  more  than  one  hundred  and 
fifty  men.  It  is  fumcient  to  fay,  in  anfwer  to  this,  th&t  few  cafes 
can  occur,  where  d^ag^s  to  a  greater  ^ount  will  be  incurred : 
and  where  the  bonds  do  not  fecure  the  damages,  a  complaint  to  go- 
vernment will  infure  any  further  cl^ms  founded  in  juftice. 

It  may  be  obferved,  that  this  claufe  of  the  article  is  copied  nearly 
from  &  umilar  one  in  the  treaty  of  1786,  between  Great  Britain  and 
France.  The  fums  limited  by  that  treaty  are  the  iame ;  and  will 
probably  be  foimd  equal  to  all  neceflary  purpofes. 

The  laft  daufe  obliges  judges  of  admiralty,  in  cafe  any  fentence  of 
condemnation  has  been  pronounced  againft  veflels  or  goods,  to  de- 
liver, on  demand,  authentic  copies  of  the  proceedings  to  the  mafter, 
he  paying  the  legal  fees.  A  ftipulation  of  this  kind  was  neceflfary  } 
as  inftances  of  deky  and  rcfufal  of  fuch  copies  have  been  experienced 
by  our  citizens  during  the  j:    '"'nt  war. 

The  20th  article  is  ufu<u  11  treaties.  It  makes  provifion  for 
guarding  property  from  pir;iw«  ,  or  reftoring  it  to  its  proper  owners— 
a  provifion  of  mutual  benefit,  to  the  contra^ng  parties,  and  liable  to 
no  objefiion. 

CURTIUS. 


Vf 


'.)  ■ 


,i^.!;'^;'?^;''. 


BY  CURTIU8. 


NUMBER  X. 
Artick  a  I. 


^ 


'HIS 


de  prohibits  the  fubjedh  of  the  contrafUiag  parties,  to 
.'."J(,  commit  ads  of  hoAility  againft  each  other--^o  accept  comnjif- 
fions  from  a  foreign  prince  or  (ute,  enemies  to  the  other  party — to 
enlift  them  into  military  fenrice»  ice.  and  declares  that  the  laws  againft 
fuch  offences  (hall  be  pundhially  executed.  The  law  of  the  United 
States,  pafled  in  June,  1 794,  chads  the  penalty  of  a  fine,  not  «q- 
ceeding  2000  dollars,  and  imprifonment  for  the  foregoing  offences. 

The  fame  article  of  the  treaty  makes  it  piracy  to  accept  a  foreign 
commifibn  or  letter  of  marque,  for  arming  any  privateer  to  ad  againft 
the  other  party.  This  is  prohibited  alfo  by  the  fame  law  of  the  Uni- 
ted  States,  under  penalty  of  imprifonment,  at  the  difcredon  of  the 
court,  and  a  fine  not  exceeding  5000  dollars. 

When  the  treaty  firft  appeared,  this  article  excited  much  acrimo- 
ny* It  was  confidered  as  pointed  at  the  military  manoeuvres  of  a  late 
French  jninifter,  who  had  attempted  to  excite  Americans  to  war 
againft  the  Spaniih  iettlements,  and  to  privateering  againft  Great 
Britain.  It  was  fuppofed  to  reftrain  the  right  of  expatriation  ;  a 
dodrine  firft  propagated  by  the  fame  Frenchman,  to  evade  the  law 
of  nations,  and  a  dodrine  which  never  would  have  entered  the 
heads  of  our  citizens,  had  it  not  been  taught  by  that  artfvil  fophift. 
In  ^ving  their  decided  opinion  againft  this  article  of  the  treaty, 
many  ralh  men  found  themfelves  in  a  dilemma,  when  they  were  io« 
formed  that  the  arti'-le  was  in  our  treaty  with  France. 
^  So  eager  were  people  of  a  certain  udion  to  condemn  the  whole 
treaty,  that  they  would  not  give  themfelves  time  to  be  informed  whe- 
ther it  was  right  or  wrong  :  but  when  they  came  to  be  told  that  they 
were  reftraioed  from  taking  foreign  commiffions  to  ad  againft  a  pow- 
^r  at  peace  with  the  United  States,  by  the  acknowledged  laws  of 
nations,  by  an  exprefs  ftatute  of  the  United  States,  and  by  an  article 
in  all  our  other  treaties,  they  began  to  blufh  for  their  hafte  in  giving 
opinions  on  what  they  did  not  underftand.  No  article  in  the  treaty 
is  more  requifite  for  the  peace  of  our  nation,  and  none  more  con- 
formable to  die  principles  of  juftice  between  governments. 
,.;.-:  Vattel  fays,  <*  a  nadon  ought  not  to  fuffer  the  citizens  to  do  an  in- 
jury to  the  fubjeds  of  another  ftate,  much  lefs  to  offend  the  ftate 
itfelf.  If  you  let  loofe  the  reins  of  your  fubjeds  againft  foreign  na- 
tions, thefe  will  behave  in  the  fame  manner  to  you ;  and  inftead  of 
that  friendly  intercojurfe  which  nature  has  eftablifhed  between  all 
men,  we  fhould  fee  nothing  but  one-  nation  robbing  another."->— 
B.  2.  ch.  6. 

«  I  account  afTociates  of  an  enemy,  thofe  who  afiift  him  in  his  war 
without  being  obliged  to  it  by  treaty." — B.  3,  ch.  6. 

A  nadon  is  not  accountable  for  every  ad  of  an,  individual  citizen ; 
but  if  a  ftate  or  nadon  openly  permits  the  cidzens  to  take  part  with 


m 
i'  it  \ 

I,'  -^  '  '■.' 

'V.    '  ■     1 

'i'i ': 


2 


I: 


■i^ 


[(  .    t 
■  '.'■  .  i 


:         1 


c.    I 


;  ;    ■•  ! 


96         VINDICATION  OF  M«.  JAY»s  TREATY, 


t: 


li 


'*.» 


I  ''.-I  "If 


the  enemies  of  a  third  nation,  that  third  nation  has  a  right  to  coniider 
that  ftate  as  making  a  common  cade  with  its  enemies,  and  to  declare 
war  againft  it  of  courfe.  The  peace  of  neutral  nations  depends  on 
the  prohibitions  of  this  article  of  the  treaty. 

It  has  been  objected  to  this  article,  that  it  is  unconftitutional,  as 
h  creates  the  crime  of  piracy*  when  the  power  of  defining  pifaf^Hs 
vefted  in  Congrefs.  But  the  aSt  of  Congrefs  before  mentioned,  ad- 
mits the  right  of  the  Preildent  and  Senate  to  define  |nracy  ia  treaties; 
as  the  9th  feiSion  enaAs,  **  diat  nothing  in  the  a£k  (hall  be  conftroed 
to  prevent  the  profecution  or  punifliment  of  treafon,  or  a  ^aey  de- 
fined by  a  treaty^  or  other  law  of  the  United  States." 

Nothing  marks  the  partiality  of  a  certain  fii&ion  more  difHnAiy 
than  their  obje^ons  to  this  article.  We  have  had  a  fimilar  article 
in  our  treaty  with  France  more  than  feventeen  years :  and  in  our 
treaties  with  Sweden,  Pniffiaf  and  the  States  General,  more  than 
ten  years,  and  not  a  fyllable  of  obje6ion  was  lii^>ed  agsdnft  the  prin- 
ciple. People  did  not  generally  know  that  foch  an  article  eziiied. 
But  the  moment  our  government  treats  Great  Britain  with  the  iame 
meafure  of  juftice,  as  we  had  before  obierved  towso'ds  other- na- 
tions, our  Jacobins  begin  to  clamour. 

It  is  this  popiilar  partiality  for  France ;  this  di^fition  to  &vour 
every  thing  French,  at  the  expence  of  every  j»inciple  of  juftice  and 
equity,  which  occaJlons  all  the  difficulty  our  executive  has  encoun- 
tered in  preferving  our  peace,  and  in  accommodating  our  difiiarences 
with  Great  Britain.  Nay  more  \.  this  partiality  difplayed  on  all  oc- 
cafionsi  and  to  a  degree  highly  improper  for  a  neutral  nation,  has 
been  a  principal  caufe  of  the  abufive  treatment  our  feamen  have  re- 
ceived from  Britifh  privateers. 

It  is  agreed  on  all  hands,  that  our  intereil  as  a  nation  is  fuper-emi- 
Bently  concerned  in  preferving  peace.  But  how  can  peace  be  (ecared 
unlefs  we  treat  the  powers  at  war  with  impartiality  and  jultice  ?  Vat- 
tel  obferves,  *'  A  neutral  nation,  defirous  fafely  to  enjoy  the  conve- 
niences of  thatilate,  is,  in  all  things,  to  fliew  an  exafl  impartiality 
between  the  parties  at  war ;  for  ihould  one  nation  finrour  another  to 
its  detriment,  that  nation  camiot  complain  if  the  other  treats  it  as  an 
adherent  and.confederate  of  his  enemy." 

Our  people  have  indeed  a  fine  qmlogy  for  fhewing  a  preference  to 
France  ;  that  of  favouring  liberty  and  republicani£n.  So  far  as  the 
French  fight  fbr  national  independence,  9,gwi&  the  combined  powers, 
they  are  engaged  in  a  juft  and  necefTary  war,  and  the  wiflies  of  all  A- 
roericans  muft  be  with  them.  But  people  who  think  France  has  a  i>e- 
publican  government,  m  any  other  free  government,  are  egregioully 
mifiaken.  Nor  is  there  as  great  aprofpe(5t  of  her  eftablifluog  a  re- 
public, as  there  is  that  (he  is  doomed  to  de^tifra,  or  to  be  IpUt  kvto 
a  multitude  of  fmall  fadious  democracies,  perpetually  at  war  with 
each  other. 

People  are,  therefore,  in  every  view,  unjuAifiabie  in  aiding  any 
of  the  powers  at  war,  in  a  manner  sot  warranted  by  the  laws  of  neu- 
trality.   As  we  value  mt  own  government,  and  the  profpertty  of  the 

-    ■:--/-■■     ■'        f  ■■-,     ■::   ■'  ,    ,.'         \    -■     ^^  --  ■-,    - 


^."'Ji 


!  /.      .HAiit 


BY  CURTIU8. 


■/*■!•  I 


Sf 


country)  im  are  to  avoid  every  aA  which  can  comink  a  breach  on 
our  public  peace.  It  is  raihneft  aad  aaadnefs  to  combine  oar  iatereft 
with  any  European  power  in  fiich  a  manner,  as  to  be  drawn  into  their 
political  contentions.  The  pretence  of  aiding  the  Mu/lt  c/Merty  is  a 
.  mere  aitifice  to  catch  our  pamons.  If  tiie  nations  «f  Carope  cannot 
defend  their  liberties,  we  cannot  be  anfweraUe  fat  their  ill  fucceG. 
We  aid  them  beft  by  our  peace  and  our  induftry. 

The  zzd  article  of  the  treaty  stipulates,  that  in  cafe  of  intuiies  or 

*  damage  on  one  fide  or  the  odier,  neither  jiarty  wiH  authorifc  repn- 

fals,  until  a  ftatement  of  the  fame,  veriBed  by  proof,  fhaB  be  prc- 

fented  to  the  other,  and  fatisfadtion  demanded.     This  ftipulation  is 

in  cxaA  conformity  with  the  law  of  nations,  and  is  fuppoited  by 

i-priaciplet  of  policy  and  jufHce. 

The  proviuons  in  the  a  3d  article  are  wdl  adapted  to  advance  the 
intendoos  of  the  contracting  parties,  and  are  rec^rocally  beneficial. 
The  permifEon  of  American  veflels  to  enter  prohibited  ports  in  cafe 
of  diftrefs,  is  aconceflion  conformable  to  the  laws  of  hofpitality. 

The  objection  to  the  claufe  which  enjoins  a  refpeA  to  be  paid  to 
officers  according  to  their  commiffions,  can  be  raifed  only  by  men 
who  are  deftitute  of  the  civility,  which  enjoins  that  refpeA. 

The  24th  article  prohibits  foreign  privateers  with  commiffions, 
from  a  prince  or  (late  in  enmity  with  either  nation«  to  arm  or  fall 
prizes  in  the  ports  of  the  parties. 

The  95th  article  mstkes  it  lawful  for  the  (hips  of  war  and  privateers 
of  either  party  to  enter  the  ports  of  the  other,  without  being  liable  to 
be  fearcbed,  feized,  or  detained,  or  to  pay  admiralty  £ssai 
;  Thele  ftipulations  are  alfo  in  our  treaty  widi  France;  and  Qo 
well  grounded  objeAion  has  been  made  to  them.  Some  fiiperfieial 
people  hawe  fapj^ed  that  they  clafli  witb  our  treaty  with  France. 
But  there  is  an  exprefs  declaration  that  thefe  flipulations  flull  not 
be  conflrued  to  operate  contrary  to  fonner  exifting  treaties.  And 
if  no  fuch  caution  had  been  taken,  the  treaty  with  Great  Britain 
(;ould  not  have  operated  to  tiie  j>r^udice  of  France :  for  it  is  an  lex- 
prefs  law  of  nations,  "  That  a  lovereign  (or  fiate)  already  hovcad  by 
a  treaty,  cannot  make  others  contrary  to  the  £rft.  The  things  about 
which  he  has  entered  into  engagements,  are  no  longer  at  his 
difpofal. 

*'  If  it  happens  that  a  pofterior  treaty  is  found,  in  fomc  point,  to 
contradidt  one  that  is  more  ancient,  the  mew  treaty  umMivUh  refptS 
to  ihat  fmnt—Thit  relates  to  treaties  with  di&rent  powers."  Vat* 
tel,  B.  a.  ch.  la.  fe&.  165. 

So  far  die  fesu-s  of  people  are  totally  groandlcfs.  But  ^e  follow- 
ing dauie  has  excited  acrimonious  remarks.  **  The  two  parties 
agroe,  dtat  while  they  continue  in  amity,  neitiier  of  them  will,  ielu- 
tnre,  make  a  treaty  that  (hall  be  incoofiftent  with  this  and  the  |ve- 
ceding  article."  What  can  be  the  dbjedion  to  this  claufe?  The 
laws  of  nations,  and  the  rules  of  moral  Juftice,  forbid  a  ftate  to  make 
fi  fubfequent  treaty  to  infringe  a  prior  one.  No  nation  can  do  it.-— 
<rhe  pafTage  juft  (juoted  £rom  Vattel  is  cxpreisly  to  this  purpose  :  and 


if' 


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f»        VINDICATION  OF  Mn.  JAY's  TREATY* 

the  daufe  has  done  notfaiog  more  than  coDTert  a  moral  oUigation  in- 
to a  contraAf  a  law  of  nations  into  a  conventional  law  between  the 
parties.  Stipulations  of  this  kind,  like  (latutes  in  affirmiog  of  com- 
mon law,  add  the  fanAion  of  a  pofitive  contraA  to  an  implied  one. 
No  new  obligation  is  created ;  an  agreement  of  this  ibrt  may  be  confi- 
dered  as  ftrengthening  the  old  one. 

The  26th  article  prorides,  that  in  cafe  of  war,  merchants  may 
conttnue  to  reflde  in  the  refptf^ve  dominioAs,  behaving  peaceably — 
and  in  cafe  didr  conduA  Ihall  render  tliem  fufpedted,  the  term  of 
twelve  months  is  allowed  to  fettle  their  accounts  and  remove  their  fa- 
milies and  efk&i.  This  a  a  favourable  provifion,  and  highly  necef- 
fary,  between  countries  fo  extenfively  connected  in  commerce.  The 
term  of  12  months  for  removal,  is  longer  than  ufually  allowedi  the 
term  generally  affignied  in  treaties  is  6  or  9  months. 

To  the  two  laft  articles,  I  prefume,  no  objedUons  are  made» 


CURTIU8. 


an: 


^m 


-NUMBER    XI. 


^  10 


i-^' 


lirrr^HUS  having  attempted  to  remove  every  objeAion  of  confe- 
X     quence  that  has  been  urged  againft  the  treaty,  I  will  lay  befoie 
the  public  a  general  view  of  our  trade  with  the  different  countries  of 
Eurt^,  Alia,  and  the  Wef Undies. 

It  has  been  ftated  by  the  oppofers  of  the  treaty,  that  the  commer- 
cial arrangements  want  reciprocity — that  we  concede  much,  and 
gain  nothing  which  we  did  not  before  enjoy. 
'  With  refpeA  to  the  inland  trade  to  Canada,  the  converfe  of  the 
propofition  is  the  truth.  The  United  States  ^ain  a  free  trade  to  Ca- 
nada, on  equal  terms  with  Britifli  fubjeds,  which  we  did  not  before 
■  enjoy.  Britifli  fubjedts  gain  litUe  or  nothing  by  the  fHpulation,  which 
diey  did  not  before  enjoy.  In  this  part  of  the  treaty,  the  advantage 
is  on  the  fide  of  the  United  Sutes. 

With  refpeA  to  our  foreign  commerce,  it  depends  on  the  will  of 
nations  over  whom  we  have  no  controul.  All  nations  claim  the  right 
of  admitting  fliips  and  goods  into  their  ports,  or  prohibiting  them  at 
pkafure  ;  or  of  burdening  our  commerce  with  heavy  duties.  This 
right  is  abfolute,  and  when  we  obtain  any  privilege  in  their  trade,  it 
is  by  way  of  grant  or  conceflion.  The  United  States  have  the  fame 
right  as  to  their  own  ports  ;  but  they  have  not  feen  fit  to  exclude  the 
(hips  of  any  nation  from  a  free  participation  of  their  trade. 

The  maritime  powers  of  Europe  find  a  navy  fo  necefiary  to  theii* 
fafety,  amidft  the  contending  interefts  of  the  different  nations,  that 
every  meafurc  is  taken  to  multiply  their  feamen,  and  increafe  their 
fhipjung.  Great  Britain  is  the  nation  moll  interefled  in  this  fyftem. 
.  From  her  mfular  fituation,  a  navy  is  her  only  defence — to  man  a 
navy,  fhe  mufl  rufe  feamen — to  fecure  a  fnpply  of  feamen,  fhe  mud 
extend  her  commerce  and  her  carrying  trade  as  far  as  poffible* 


>*-  ft  s.^^        ^Y  CURTIUS. 


.*'^/r  . 


99 


In  purfuance  of  this  fyftem  of  defence* originated  her  biaTieation  aAf 
in  i66o»  which  reftrijls  her  trade  to  Britifh  vefl*els,  and  manned 
moftly  with  Britifli  fcamen.  That  a6t  has  been  in  operation  from  its 
firft  paffing  to  the  prefent  day  ;  and  to  present  temporary  or  local 
inconveniences,  from  a  rigid  execution,  the  parliament  hare  em- 
powered  the  kins  and  council  to  difpenfe  with  it  on  occaHon,  aad 
open  the  ports  of  Great  Britain,  or  her  colonies,  at  fuch  timet  and 
to  fuch  nations,  as  neceifities  may  require. 

All  the  nations  orEurope  have  laws  refpeAing  their  trade,  which 
opexute  more  or  lefs  to  encourage  their  own  commerce,  and  lay  that 
of  their ncighboura  to  their  own  dominions  under  reftriAions. 

A  view  of  the  privileges  and  reftri£Hons  of  commerce,  was  offered 
toCongrefs,  Dec.  i6,  1793,  by  Mr.  JefTerfon,  which,  though  not 
fufiiciently  corredt  or  comprehenitve,  throws  much  light  on  the  iub* 
jed.  Thefe  general  fafls  will  be  fuificient  for  my  purpole  in  this  place. 

The  admiffion  of  our  vefTcls  into  the  Britifh  dominions  in  Europe 
refts  now  on  an  annual  proclamation  of  the  king  and  council.  Al- 
though intere(f  and  expedience  may  operate  to  conunue  the  privilege 
of  entering  thofe  ports  at  all  times,  and  with  veflels  of  any  tmrtheny 
yet  the  tenure  of  die  privilege  is  precarious. 

By  the  prefent  treaty,  this  precarious  privilege  becomes  a  right, 
which  cannot  be  abridged  by  the  executive  of  the  Englifli  nation. 
This  is  an  advantage ;  and  Mr.  Jefferfon,  in  his  Report,  admits  it 
to  be  fuch.  It  was  an  objection  he  urged  againft  our  former  (late  of 
commerce  to  Great  Britain,  that  it  was  precarious — ^That  objedHon 
by  the  treaty  is  removed. 

With  refpeA  to  her  colonial  pofleffions,  Great  Britain  has  obferved 
the  jealous  policy  common  to  sill  the  nations  of  Europe.  The  (hips 
of  all  nations  are  excluded  from  her  colonies,  unlefs  it  may  be  a  port 
in  the  Weft  Indies,  where  the  Spaniards  are  permitted  to  enter  with 
logwood. 

In  opening  her  W.  Indies  to  American  vefTels  of  70  tons  burthen, 
and  her  Eafl||f  ndia  ports  to  American  veflTels  of  any  burtliet*,  /he  has 
conceded  a  privilege,  which  fhe  grants  to  no  other  nation  <>'^  :3rth. 
The  facrifice'of  the  carrying  trade  on  the  part  of  the  United  Jtates, 
to  obtain  admiffion  into  die  Englifh  Weft  Indies,  is  deemed  more 
than  equivalent,  and  that  ftipulation  will  fall  to  the  ground.  But 
the  direA  trade  to  the  Britifti  Eaft  Indies,  is  generally  admitted  to 
be  highly  beneficial.  ' 

Let  us  contraft  thefe  advantages  in  trade  with  thofe  we  enjoy  with 
other  nations. 

Our  navigation  to  Spain  and  Portugal  is  free  :  but  many  of  oor- 
exports  are  prohibited,  as  tobacco,  and  rice  and  whale  oils  to  Portu- 
gal. The  American  trade  however  to  Spain  and  Portugal  is  highly 
advantageous  in  a  number  of  articles.  But  both  thefe  countries  pro- 
hibit all  intercourie  mth  their  colonial  pofleiHonst  The  ports  of 
Sweden  and  Denmark  are  open,  but  the  duties  paid  on  moft  of  the 
American  produdtions  amount  to  a  oroiibition. 

Our  navigation  to  the  United  N^perlands  is  free  ;  but  fome  of  the 
moft  material  articles  of  our  couitry,  as  beef,  pork  ajpd  bread-ftuff, 


I'M- '  -1 


'J 

( 


\u 


TOO         VINDICATION  OF  Mn.  JAY'i  TREATY, 

ut  profribited»  ta  well  ai  bj  Gf eat  Britain.    We  can  have  no  inttiv* 
ctmrfe  iwith  their  pofleffioM  to  the  Eafl  Indica. 

France*  before  the  war,  guaranteed  to  the  United  States,  one  or 
more  free  ports  in  Europe,  and  fuch  ports  in  the  Wcft«Indt£:  as  were- 
firee.  In  general,  her  Wed-Indies  were  open  by  an  arret  of  the  king. 
£t«n  the  eoafting  trade  in  France  was  principidly  ctfried  on  1^ 
foreign  veffek. 

The  revolution  has  reniihly  Taricd  the  whole  fceoe  of  commcfce* 
NeceAty  has  oBCiied  all  French  ports  to  neutral  nations.  But  a  navi- 
gluion  z£t,  fimilar  to  that  of  Great-Britaiii,  was  decreed*  Sq>taDber 
2,  I76<|,  to  take  place  January  i,  1794.  This,  with  a  long  fpiritcA 
Import  of  Barrcrc,  was  traafmitted  to  Congreft,  and  publiflied  by  their 
order  In  February,  1794.  This  ad  is  fufpendcd  only  on  account} 
of  the  necefEdet  of  France,  her  commerce  being  wholly  dependantf 
on  neutral  bottoms.  The  moment  this  aA  Hudl  take  jitcct  we  (hall 
bie  «Qt  off  from  all  right  to  the  trade  of  France,  except  what  is  gua- 
ranteed by  treaty,  that  h*  one  or  morejrte  pvrtt  /  aad  iuck  privilcgeo 
«  we  ihaM  be  abfe  to  obtain  by  future  ftipulationat 
'  Hie  decree  is  in  thefe  words  &— 1 


'icr' 


i  wn 


ACT  of  NAVIGATION  of  the  FRENCH  REPUBLIC, 

THE  National  Convention,  after  having  heard  the  report  of  their 
oommittees  of  marine,  of  commerce,  and  of  public  fafety,  confidering 
that  the  French  nation  has  the  incontefUble  right  of  fecuring,  by  every 
method,  the  profperity  of  her  agriculture,  commerce  and  indnftry ; 
liiat  nothing  has  a  more  direct  tendency  to  this  end  than  a  navigation 
JA;  and  that,  in  the  folemn  declaration  of  this  aA,  fKp  only  makes 
dfe  of  the  fame  right  which  (he  acknowledges  to  belong,  to  all  other 
nations — ^Decrees  as  follows : 

Are.  I.  That  no  foreign  commodidesy  prodaAion8»|||lr  nerdian- 
dife,  fhail  be  in^rted  Iwt  directly  by  French  vefieh,  or  thofe  be- 
lon^i^  to  the  inhabitants  of  the  country  of  which  diey  are  the  growth* 
produce  or  manu^ure,  or  to  the  inhabitants  of  the  countrjr 
of  the  onKnary  ports  of  (ale  and  iirft  exportation ;  the  dlicers,  and 
threis  fourths  of  the  crew,  of  a  foreign  veflel,  being  x^  the  country 
whofe  flag  the  vefTel  bears  ;  the  whole  on  pain  of  confifcatiou  of  the 
v«flel  and  cargo,  and  a  Kne  of  3060  livres,  joindy  and  feverally  againfl 
the  owners,  confignees,  and  agents  of  the  vefTel  and  cargo,  the  cap- 
tain  and  lieutenant  of  die  vefTeL 

».  That  foreign  vefTels  fliall  not  transit  from  one  French  port 
to  anothsr  French  port,  any  commodities,  prodo^ons  or  merchan- 
difes  of  the  aowth,  produce,  or  manufaSure  of  France,  the  colo> 
dies  orpoflemons  cS  France,  under  the  penalues  declared  in  art.  x. 

3.  That  after  the  loth  of  Augudnext,  no  v«fiel  (hall  be  reputed 
French,  nor  enjoy  the  privil^s^of  a  French  veflel,  unle&  fuch  vefTel. 
(hall  have  been  built  in  the  colo«l||s  or  pofTeffions  of  Fnuice,  or  de- 
clared a  good  prize  taken  from  an  «iemy,  or  confifcated  for  contra- 


ji  iih  ''■ 


BY  CURTIUa 


lot 


'i.  ' 


reation  «f  the  kws  of  France»  »ad  uiUdfi  the  officer*  and  three- 
ibuitht  of  the  crew  arc  Frflnchmen. 

On  the  whole,  it  U  dcmonftrated,  that  no  country  oo  earth  yields 
more  extenfive  privileges  to  the  American  merchant,  than  Great 
Britain.  It  is  alio  equally  dcmoailrable,  that  Great  Briuin  yields 
more  privileges  in  her  trade  with  the  United  States,  than  (he  grants 
to  any  other  nation. 

It  has  been  objeAed  to  feveral  articles  of  the  treaty,  that  they  are 
net  ivdprocai,  becaufe,  from  the  circumftances  of  the  two  countriet, 
Britiih  fabjeAs  will  be  principally  benefited.  Thus  the  9th  and  loth 
aMiclet  arc  faid  to  yield  advantages  to  Great  Britain,  without  an 

3mvaUiUt  becaufe  her  fubjeAs  hold  large  traAs  of  land  in  the  United 
tates,  and  have  debu  due  them  to  a  great  amount :  whereas,  Ame- 
rican  iubjedls  hold  little  or  no  land,  and  have  no  debts  or  monies,  io 
Great  Britain. 

OtjeAions  of  this  kind  mud  proceed  from  a  peeviHi,  captious,  diA 
poiition.  It  may  juft  as  well  be  objected,  that  we  ihould  have  no 
trade  with  Great  oritain  at  all,  becaufe  her  exports  to  this  country 
exceed  her  imports  from  it— or  becaufe  her  dominions  contain  dou'> 
ble  the  number  of  people  that  are  in  the  United  Sutes.  Nay,  it  may 
jaft  as  well  be  (aid  that  every  man  has  not  an  eq^wl  right  to  a  high- 
way, becaufe  fome  ufe  the  highway  ten  times  as  much  as  others. 

In  all  conventions  between  fktes,  ^n  equality  in  principle  eonJHtutu  an 
9quin)tdtHt.  If  an  article  of  any  treaty  gives  to  both  parties  a  right  of 
doing  the  fame  things,  and  under  theiame  advantages,  that  article  is 
reciprocal,  thou^  one  of  the  parties  never  make  ufe  of  the  right. 

Thus  in  our  treaty  with  France,  we  permit  French  armetl  vefleli 
kakkvRg  their  prizes  into  the  ports  of  tlie  United  States.  The  French, 
alio  permit  the  American  ydTels  to  carry  their  prizes  into  French 
ports.  The  French  are  in  a  condition  to  tiie  the  privilege,  and  do 
ufe  it  every  day — ^Wc  arc  not  at  war,  and  do  not  ufe  it :  but,  will 
any  man  iajH  that  article  of  the  treaty  is  not  mutual?  Will  any  man 
deny  that  we  have  an  equivalent  for  the  right  concedt-d  to  France  ? 

Juft'fo  with  refpeift  to  our  commerce  with  England  or  any  other 
jkiwer.  Suppofe  a  nation  to  have  but  a  fingle  port  for  ihipping  and 
commerce,  and  the  United  States  to  have  a  thoufand.  Each  party 
agrees  to  open  all  their  ports,  and  admit  the  other  to  a  -free  trade  ; 
wHl  it  be  denied  that  this  is  reciprocal  >  Certainly  not.  It  is  equa^ 
£ty  m-4ie  prineiplef  not  in  the  amount  or  extent  of  its'  operation, 
-which  coailitfttgs  rgeiproeiiy.  -rt 

If  people  are  difpofed  to  cavil  at  inequalities  o/conditicHt  as  well  aa 
afprinciplef  they  may  find  as  many  caufes  of  dilcontent,  in  all  otlicr 
treaties,  as  in  this  with  ;Great  Britain. 

TSie'tnith  is,  when  oar  other  treaties  ^ereformsd,  Am«'icans 
had^coafidencein  the  conftituted  autliorities  of  our  country.  They 
believed --men,  who  had  made,  commerce,  treaties,  and  the  laws  of 
iiations,  aftudy  and  matter  of  contemplation,  were  bed  capable  of 
iie|Qpi»tiog  treaties,    ^hey^tnifte^  to  the  men  appoiotad  ibr  this  pur- 

JP 


':     y     :': 


D*' 


■!(. 


k 


ici         VINDICATION  OF  Mn.  JAY'»  TREATY, 

pofe.  The  great  mafs  of  people  are  not  competent  to  decide  what  iff 
or  is  not,  for  our  public  intcreds,  in  complicated  negociations  and 
national  compacts  ;  and  unlcfs  they  repofe  confidence  in  public  cha- 
raAcrt,  we  (hall  forever  be  embroiled  with  faAions. 


iiilii 


& 


NUMBER  XII. 

HAVING,  In  the  preceding  papers,  anfwered  fuch  obJeAions  to 
the  treaty,  as  appear  to  have  any  weight,  I  will  dole  this  vin« 
•dication,  by  addrefling  to  my  fellow  citizens,  fome  confiderations  of 
a  more  general  nature. 

It  was  the  public  opinion  the  lafl  year,  and  it  is  an  opinion  ftill 
maintained  among  one  defcription  of  Americans,  that  Great  Britain 
has  been  fo  humbled  by  France,  that  (he  will  confent  to  make  great 
facrificcs  for  the  purpofe  of  fecuring  peace  and  commerce  with  this 
country.  It  is  alio  believeH.  by  many  people,  that  the  kingdom  is 
upon  the  point  of  an  internal  revolution :  and  that,  holding  in  our 
hands  the  power  of  fequeftrating  the  debts  of  her  citizens,  wc  may 
command,  at  all  times,  peace  and  favourable  treatment. 

All  thefe  opinions,  though  unquedionably  erroneous,  have  con- 
tributed to  raife  the  public  expectation,  rcfpeAing  the  fuccefs  of  the 
treaty,  to  an  unwarrantable  pitch. 

With  refpciSt  to  the  humble  condition  of  Great  Britain,  where  are 
the  proofs  ?  That  her  land-forces  were  defeated  and  cut  to  pieces, 
the  lad  campaign,  is  undeniable  ;  and  there  is  no  queiUon  that  any 
combat  by  land,  would  be  decided  in  favour  of  France.  The  num- 
bers, the  difcipline,  and  the  enthudafmofthe  French  forces  on  land 
render  them  irrefiftible.  But  the  beft  troops  and  the  bell  difcipline, 
without  other  refources,  will  not  maintain  the  greatnefs  of  a  ilate  or 
kingdom,  for  any  length  of  time. 

France  now  fupports  her  armies  moftly  upon  her  coiMjuered  coun- 
tries. Her  finances  are  exhaufted  ;  and  what  is,  if  poUible,  a  more 
ferious  calamity,  her  internal  diffentions  debilitate  her  force,  diftra^ 
her  councils,  and  difconcert  her  operations. 

The  plan  of  Robefpierre  was  a  fyftem  of  defpair.  By  putting 
every  thiigin  requifition,  thenerfons  of  men,  their  goods,  provi- 
lions,  and  money,  the  whole  force  of  France  was  collected  to  a 
point,  and  the  whole  energy  of  that  force  was  exerted  to  defeat  the 
mod  formidable  combination  ever  raifed  againft  the  idependenee  of  a 
Dation. 

This  meafure  was  perhaps  indifpenfable  in  the  crifis  when  it  was 
adopted.  But,  unfortunately,  violent  exertions  in  the  body  politic,  as 
well  as  in  the  human  body,  are  ever  followed  by  debility  and  languor. 
The  fyflem  of  requiGtions  and  the  maximum,  were  calculated  to  de- 
(troy  the  capital  of  a  country,  which,  in  all  cafes,  ought  to  be  left 
Untouched,  as  a  fource  of  further  productions.  The  intereft  or  in- 
cQmfi  only  olF  ft  country,  can  be  fafsly  ufed  for  national  purpofes ;  and 


/ 


BY  CURTIUS. 


lOf 


when  a  ftate  it  compelled  to  feize  the  capital  (lock,  though  its  exer- 
tioni  may  be  great,  tliey  muil  certainly  be  of  (hurt  duration. 

But  this  is  not  the  only  calamity  incurred  by  the  fyltcm  of  terror. 
To  enforce  fuch  un  arbitrary  fyllem,  recourfe  mull  be  had  to  violent 
punifliment,  for  refufals  tu  comply  with  it  t  and  the  fummary  mode 
of  condemning,  as  well  as  the  fanguinary  piocefs  of  executing,  tend 
to  excite  all  the  malicious  and  revengeful  paflions  of  men.  The  guil* 
lotine  of  France  has  left  every  deadly  and  rancorous  paiBon,  waiting 
only  for  a  favourable  moment  for  vengeance.  The  furvivinc  friends 
of  thofe  who  fell  victims  to  the  fyllcm  of  terror,  will  not  earily  forget 
or  forgive  the  injuries  they  futTered;  and  thus,  that  terrible  ilef- 
potifm,  which  for  a  few  months,  compelled  all  men  to  unite  to  defeat 
foreign  foes,  and  to  crufli  internal  infurreAions ;  that  fyllem  has 
fpreaid  over  France  the  feeds  of  fa^ion  and  diflention,  which  will 
affUdt  the  country  and  weaken  all  its  exertions,  for  at  lead  a  genera*, 
tton  to  come.  Thus  the  lad  feafon,  the  vi^ories  of  France  by  land, 
allonifhed  all  nations,  and  fpread  difmay  through  Europe,  while  her 
frigates  fcourged  the  ocean,  and  marred  the  commerce  of  her  ene- 
mies. But  the  jprefent  feafon,  her  armies  and  her  fleet  are  inat^ive, 
her  refources  fail,  and  all  is  debility  and  languor. 

Great  Britain,  on  the  other  hand,  though  her  army  was  de(lroy« 
cd  in  the  Netherlands,  retains  all  her  activity  and  refources.  Her 
territories  have  not  been  the  feat  of  war  ;  her  land  has  been  under 
full  cultivation  ;  her  manufui^tures  have  been  carried  on  ps  ufual ;  her 
goods  are  exported  nearly  as  cheap,  and  in  nearly  tlie  fame  quanti- 
ties, as  in  time  of  peace  ;  her  government  retiios  its  vigour,  and  her 
fleet,  notwithibnd'/ig  a  fcarcity  of  feamen,  (till  rides  miUrels  of  the 
The  commerce  of  Great  Britain,  though  a  little  impaired* 


ocean. 


(till  exceeds  that  of  any  other  country  ;  and  the  government  has  not 
been  com])elled  to  dillrefs  her  trade  to  man  her  navy.  Vt^ere  tliere 
a  preiling  necefltty  for  fo  violent  a  dep,  that  country,  by  dripping  her 
merchantmen  for  a  time,  would  bring  upon  the  ocuan  a  fleet  fupcrior 
to  any  that  has  ever  appeared  under  one  command.  But  Great  Bri- 
tain has  not  yet  been  com])elled  to  adopt  this  ruinous  expedient ;  flie 
has  not  materially  impaired  her  commerce  by  imprelfing  fcameti ;  Ihe 
has  not  entrenched  upon  the  capital  dock  ot'  her  hulBandmcn  and  ma- 
Qufadturers.  Her  debt  has  indeed  been  augmented  ;  but  dill  immenfe 
fums  of  money  are  offered,  and  the  only  quedion  with  governmeiu, 
is,  whofe  money  fhall  be  received  on  loan  ;  for  the  competitors  are 
numerous.  Such  is  the  monied  capital  of  that  country,  and  iuch 
the  refources,  that  Great  Britain  will,  probably,  be  able  to  carry  on 
the  war  longer  than  any  other  power. 

Nor  is  the  idea  of  an  approaching  revolution  well  founded.  Ire- 
land may  perhaps  give  trouble  ;  but  the  government  A"  England  has 
ieldom  ever  been  fupported  by  a  more  numerous  and  powerrtil  majo- 
rity of  the  people.  The  private '  adbciations  in  England  and  Scot- 
land, gave  fome  uneaGnefs  for  a  time ;  but  the  moment,  government 
galled  for  a  fu(j>enfion  of  the  habeas  corpus  aft,  it  Avas  granted,  and 
(i)e  executive  diillpated  all  urivatg  focieties^  with  tlieir  plans  of  revo* 


I    I 


m 


fSf".*.^ 


iHiliiiili 


t04         VINDICATION  OF  Mr.  JAY's  TREATY, 

lution.  The  eafe  with  which  this  whole  bufinefs  was  coodufied^ 
certainly  does  not  mark  either  fear  or  weaiinefs  in  the  adminiftration 
of  the  government  of  Great  Britain. 

Where,  then,  is  the  ground  for  fuppofrag  Great  Britain  in  a  dif- 
trefied  ftate  of  humiliation,  compelling  her  to  make  iacrifices  to  the 
United  States  ? 

On  the  contrary,  Great  Britain,  at  this  moment,  maintuns  a9 
commanding  an  attitude  among  the  powers  of  the  earth,  as  at  any 
former  period.  All  the  hopes  of  Americans,  founded  on  an  opinion 
of  the  depreifed  ftate  of  that  nation,  are  wholly  delufory.  Nor  can 
we  expe^  any  thing  from  the  generofity  or  good  will  of  the  Britifliy 
or  any  other  nation.  National  generoHty  is  a  mere  phantom  of  the 
hnagination.  It  is  to  the  intereft,  or,  at  mod,  to  the  juftice  of  a 
nation  we  muft  addrefs  ourfelves  ;  and  no  nation  will  make  concef- 
fions  beyond  what  thefe  require.  We  are  not  in  a  fitiution  to  rem- 
aianJ  any  foreign  nation  to  enforce  our  claims,  or  to  cotnfd  the  ex* 
ercife  of  juftice. 

If  our  fanguine  enthufiafts  are  miftaken  totally  as  to  the  prefent 
power  of  Great  Britain,  they  are  equally  fo,  as  to  the  force  and  ef- 
k&.  of  fequeftration.  The  injuftice  of  attacking  private  debts  for 
national  wrongs,  is  generally  admitted ;  but  many  people  contend, 
that  it  may  be  necefTary  at  times  to  refort  to  this  meafure,  as  tha 
only  effe^lual  weapon  in  our  power,  to  terrify  Great  Britain,  a  peril- 
flious  nation,  into  a  fenfe  of  juftice. 

It  is  furpriiing  how  fuch  reafoners  miftake  tJhe  real  and  certain  ef- 
feds  of  fuch  a  ftep.  Any  man  who  will  give  himfelf  time  to  refledt 
on  the  pride  of  nations,  and  efpecially  of  the  Engliih  nation,  muft  bfi 
convinced,  that  the  ufe  of  this  weapon,  inftead  of  inducing  concef- 
fions  on  the  part  of  Great  Britain,  would  excite  every  hoftile  feeling, 
not  only  in  the  government,  but  in  the  very  creditors  whofe  debts 
(hould  be  fequeftered.  Such  a  violation  of  all  good  faith,  fuch  an 
attack  upon  commercial  confidence,  as  the  fequeftration  of  private 
debts,  to  avenge  national  injuries,  would  put  it  out  of  our  power  to 
accommodate  differences  but  by  the  fword.  It  would  provoke  a  war 
of  double  fury ;  and  the  very  man  whole  debts  fhould  be  detained, 
would  be  the  firil  to  encourage  and  the  laft  to  abandon  the  conteft. 

All  the  high  raifed  expectations  of  our  citizens  of  obtaining  from 
Great  Britain  in  her  prefent  ftate,  humiliating  concefltons  which  her 
pride  would  forbid  her  to  yield  in  time  of  peace,  are  fupported  by  not 
one  circumftance  of  rational  probability.  People  who  dwell  on  fuch 
)>rofpe(fls  of  fuccefs,  are  grofsly  deceived,  both  as  to  fadbt,  and  as  to 
tlie  character  of  the  Englifii  nation. 

But  Judge  Rutledge,  of  .South  Carolina,  has,  on  dtis  fubjeft, 
uttered  the  fillieft  expreftions  that  ever  fell  from  human  lips.  **  Eng- 
land (fays  he)  is  hoping  for  peace  on  whatever  terms  France  may 
grant  it :  fhe  is  reduced  to  the  laft  gafp,  and  were  An  erica  to  feize 
her  by  the  throat,  (he  would  expire  in  agonies  at  her  feet." 

A  man  mufl  be  little  lefs  than  infane,  to  utter  fuch  abfurd  ideas, 
efpeciaUy  at  a  moment  when  Great  Britaia  pofleftes  more  aAual  rc- 


.'# 


an 


fnhjeft, 

««Eng. 

nee  may 

to  feize 


.,tJ'/ 


BY  CURTIUS. 


»»l 


ibttfce^  the  lifiews  of  \irar,  thoa  all  the  ether  po\vers  at  urar,  99am 
France  included.  And  no  man,  but  an  infolvent  debtor,  who  hates 
his  creditor,  becaufe  he  has  injured  him,  would  wifli  to  ice  a  pea$ 
agricultural,  manufa^uring,  and  commercial  nation  efc^rimgin  ago- 
met,  Whaterer  be  the  injuries  Great  Britain  has  done  this  country^ 
it  is  not  for  the  intereft  of  mankind,  that  (he  ihould  be  blotted  out 
of  exiftence.  In  no  country  on  earth  do  the  American  merchants 
find  more  good  faith,  fiiir  dealing,  aqd  conrenient  credit,  thao 
among  Britiih  merchants — ^no  creditors  are  more  indulgent  to  debt* 
ors  than  the  Britifli — and  no  country  on  earth  finds  exteniive  credit 
more  ufeful  than  the  United  States. 

Whatever  be  the  refentraents  of  our  citizens  towards  Great  Briuuo, 
diey  may  reft  aflured  of  one  fad,  and  it  is  of  no  fmall  moment  to 
Ibme  of  the  United  States,  that  the  treatment  Americans  will  re^ 
ceire  from  that  country  will  be  more  friendly^  when  the  cooduA  of 
American  debtors  is  more  71^. 

Another  objection  to  the  treaty,  or  to  any  treaty  with  Great  Bri^ 
tain,  is,  that  it  begets  an  unnatural  alliance  between  a  monarchy  and 
a  repuUic.  This  is  clearly  the  rooft  trifling  obje^ion  ever  omred» 
and  is  beneath  a  ferious  anfwer.  And  thofe  who  make  it,  ot^t  xm 
Uufli  at  their  inconfiftency,  efpecially  as  thefe  very  men  are  rejoicing 
at  the  late  treaty  between  France  and  the  monarch  of  Pruflia,  sik) 
cameftiy  expe^ng  every  day,  to  hear  of  a  treaty  between  Fraact 
and  Spain. 

On  the  whole,  let  ne  a/k  my  fellow  citizens  what  facrifices  we  maj 
make  by  the  treaty  ? 

We  have  old  inveterate  difpntes  with  Great  Britain,  which  muft  ba 
terminated.  War  or  accomodation  are  the  alternatives.  If  we  wifli 
a  war,  we  wafte  the  blood  and  treafure  <^  Amoicat  without  ut  ob> 
]t&. :  for  at  the  clofe  of  the  war,  the  old  difputes  will  remain,  and 
new  ones  be  originated.  Inftead  of  bettering  our  condition,  we  ren- 
der it  infinitely  worfe  by  hoftilities.' 

Is  it  not  wife,  therefore,  to  compromife  the  differences  i  And 
diough  confiderable  time  and  expence,  perhaps  fofne  faorifices  of  juft 
claims,  (hoald  be  incurred  on  our  part,  yet,  between  tkefe  evils, 
and  the  continuance  of  inveterate  enmity  and  hoftile  views,  on  which 
fide  does  tiie  balance  lie  ?  Erery  refleding  man  muft  fay,  on  iie  ^df 
tf  acconuttoelation  and  peace. 

The  commercial  part  of  the  treaty  is  of  a  temporary  nature  (  and 
even  if  fome  facrifices  were  to  be  made,  thefe  will  not  came  in  com- 
petition with  the  other  great  and  important  objeds  of  the  treaty.  But 
it  is  not  true  that  any  material  facrifice  is  made  in  the  commercial 
part  of  this  compad.  We  do  not  cede  one  material  privilege  which 
Great  Britiun  does  not  enjoy  by  the  laws  of  nations  or  the  laws 
of  the  United  States.  I  am  bold  in  the  aifertion,  and  call  ob  ny  op* 
poferS'to  name  the  part  in  which  fuch  facrifice  is  made. 

On  the  other  hand,  fome  material  conceftMu  on  the  part  of  Greait 
Britain,  are  made  to  the  United  States  by  the  treaty. 

It  is  faid.  Great  Britain  may  enter  with  lier  ihips  into  <a//  the 
ports  of  the  Uaiiied  States-'-True ;  but  fhe  enjoys  that  privilege 


H-  li 


\ 


t     '-  i 


91 

2! 


«.»./ 

,^' 

«|V 

.  ri:,'. 

M*- 

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ST""  V 


.  ♦ 


i'66         VINDICATION  OF  Mr.  JAY's  TREATY,      ,  "'.. 

without  A\a  treaty.  She  gains  nothing  in  this  refped,  except  that 
(he  changes  a  precarious  privilege  for  a  nj^iS/ ;  juft  as  we  do,  in  the 
trade  to  the  Britiih  European  dominions. 

It  is^ud,  we  bind  ourfelves  not  to  increafe  the  duties  on  Britiih 
tonnage  and  goods  imported  in  her  Hiips  beyond  what  we  lay  on  thofe 
of  other  nations— True  ;  we  agree  on  this  head,  to  treat  Great  Bri- 
tain as  well  as  the  moil  favoured  nation.  If  this  is  a  conceffion  on 
our  part,  it  cannot  be  a  material  facrifice,  for  we  have  an  equivalent 
in  this,  that  Great  Britdn  ftipulates  the  fame  thing  to  the  United 
States. 

It  is  faid  tve  cede  to  Great  Britain  the  right  of  increadng  duties  on 
our  tonnage  to  equal  our  prefent  duties  on  hers,  and  on  goods  fin- 
ported  in  Britiih  bottoms.  Nothing  can  be  more  puerile  than  fuch  an 
allegation.  In  this  refpedl,  we  cede  nothing. — Great  Britain  had  that 
right  before  the  treaty ;  and  her  right  is  precifely  th«  fame  as  before. 

It  has  been  faid,  we  cede  to  Great  Britain  the  right  of  feizing  our 
reflels,  and  taking  the  enemy's  property;  and  that  we  have  made 
naval  ftores  and  provisions  contraband  by  treaty. 

Thefe  charges  have  been  proved  not  true.  Great  Britain  enjoys 
thefe  rights  by  the  law  of  nations  f  independent  of  all  treaties. 

We  have,  therefore,  made  very  few  facrifices  in  this  part  of  the 
treaty ;  but  we  have  gained  fomething.  We  have  obtained  a  perma- 
nence of  trade  with  Great  Britain.  We  have  gained  a  free  trade  to 
Canada  and  the  Britiih  Bail  Indies,  without  any  conilderable  conceit 
fions,  and  what  is  more,  we  have  preferved  the  blessings  of  peace. 

Why,  then,  my  fellow  citizens,  will  you  not  leave  the  manage- 
ment of  this  Treaty  where  the  ConiHtution  has  placed  it  ?  What 
ground  have  you  to  fuppofe,  that  the  Prefident,  our  late  Envoy  and 
the  majority  of  the  Senate  have,  in  a  moment,  and  on  this  flngle  oc- 
caiion,  deferted  the  intereft  of  our  country  ?  What  reafon  have  you 
to  believe,  that  old  tried  patriots  have  renounced  the  uniform  princi- 
ples of  their  lives,  and  turned  apoilates  ?  Is  there  a  fhadow  of  reafon 
to  believe,  that  men  grown  grey  in  the  fervice  of  their  country, 
whole  patriotifm  and  virtue  were  never  fufpeAed,  have  now,  in  the 
evening  of  life,  and  at  the  clofe  of  all  their  aAive  public  fcenes,  com- 
menced traitors  i  You  cannot  believe  iniinuations  of  this  kind.  The 
fuggeftion  of  Britiih  gold  and  undue  iniluence,  is  the  work  of  dark 
malicious  hearts,  deteiled  by  all  good  nien,  and  difcredited  by  tho 
very  children  in  the  ftreets. 

No,  my  countrymen,  you  have  been  deceived.  Your  paiHons  have 
been  taken  by  furprife ;  you  have  been  precipitated  into  raih  opinions, 
and  violent  meafures,  by  a  fet  of  men  who  are  the  foes  of  our  prefent 
free  and  happy  government  and  its  adminiftration.  You  may  be ' 
allured,  there  is  a  confederation  of  cliaradlers,  from  New-Hampihire 
to  Georgia,  arrayed  in  oppofition,  either  to  the  Conilitution  of  the 
United  States,  to  its  adminiilration,  or  to  particular  men  in  ofBce. 
The  oppoiition  of  the  principal  men  in  this  confederacy  can  be  traced 
to,  fbme  known  caufes,  originally  of  a  perfonal  nature.  Difappointi 
ment  in  application  for  fome  office,  or  the  failure  of  fome  favourite 
fcheme  in  their  political  fyftem,  has  converted  many  of  the  frien4^ 


l 


,'  III 


BY  CURTIUS. 


tof 


of  our  late  revc'ntion,  into  determined  oppofers  of  the  general  fyftem 
of  the  prefent  iinidration.  Thefe  men  will  never  be  contented  till 
they  can  difp:  .  the  prefent  officers  of  government,  and  introduce 
themfelves,  cheii  friends,  and  their  meafures,  into  our  councils. 
You  may  reft  a/Fured,  that  mod  of  the  ferment  raifed  againft  the 
treaty,  originated  with  men  of  this  defcription. 

This  confederacy  was  formed  and  is  ftill  miuntained  and  ftrength- 
ened,  by  fpreading  jealouHes  and  fufpicions  among  the  people,  who, 
though,  honeft  in  their  views,  are  very  liable  to  be  mided  by  artful 
men.  One  of  the  mod  fuccefsful  weapons  ever  wielded  by  this  coa* 
lition  of  difappointed  men,  is  furnilhed  them  by  the  prefent  war  in 
Europe.  The  combination  of  powers  againft  France,  which  we  all 
reprobate,  is  faid  to  be  a  combination  againft  liberty  in  generalt  and  if 
France  fliould  failof  fuccefs,itisfaidwefhall  be  the  next  objedl  of  attack. 

This  is  a  mere  fuggeftion  of  our  reftlefs  men,  to  alarm  your  fears, 
and  drive  you,  if  poifible,  from  your  neutral  ground  into  hoftilities. 
The  fuggefHon  was  iirft  made  by  the  late  French  minifter,  whofe 
minion  to  this  country  was  for  the  expreft  purpofe  ofjiatteringy  intrigue- 
ingt  or  forcing  you  into  the  war.  His  inftruAions  are  clear  and  expli- 
cit on  this  point. 

That  minifter  was  difplaced,  and  his  views  counteradled  by  the 
firmnefs  of  our  Preiident,  feconded  by  the  northern  ftatcs.  But  the 
party  which  originally  rallied  under  that  man,  ftill  exifts,  a^d  forms 
a  league,  co-exten(lve  with  the  United  States,  connedted  in  all  its 
parts  and  adding  by  a  fmgle  impulfe. 

Thus,  in  the  infancy  of  our  empire,  the  bane  of  all  republics,  is 
already  difiufed  over  our  country,  and  poifons  the  whole  body  politic. 
Fadlion  is  a  difeafe  which  has  proved  fatal  to  all  popular  governments; 
but  in  America  it  has  afTumed  an  afped  more  formidable  than  in  any 
other  country.  In  ancient  republics,  popular  commotions  were  fudden 
things,  excited  by  the  emergencies  of  die  moment,  burfting  infbntly 
on  the  exifting  government,  producing  a  revolution,  banifliing  a  tyrant 
who  was  powerful,  or  a  patriot  who  was  popular,  and  an  objcdt  of 
jealoufy  to  fome  ambitious  competitor. 

But  in  America,  fadion  has  afTumed  conflftency  and  fyftem — it 
is  a  con/piracy  perpetually  exifting — ^an  oppotition  organifed  and  difci- 
plined,  for  the  purpofes  of  defeating  the  regular  exercife  of  the  confti» 
tutional  powers  of  our  government,  whenever  a  meafure  does  not 
pleafe  the  fecret  leaders  of  the  confederacy  :— 

My  countrymen,  be  watchful  of  the  progrefs  of  the  aflbciations^ 
formed  on  the  plan  of  the  Jacobin  Society  in' France.  That  fociety 
was  a  powerful  inftrument  in  the  work  of  demoliihing  the  monarchy  { 
but  on  the  ruins  of  monarchy,  it  raifed  the  molt  frightful  defpotifnr 
recorded  in  hiftory.  Leagued  with  fifter  focieties  in  every  village 
and  city  of  France,  the  Jacobins  governed  the  Convention,  Paris  and 
all  France  for  a  long  time,  and  filled  it  with  blood,  confifcittioa 
and  ruin.  So  terrible  was  the  tyranny  of  thefe  aflbciations,  that  the 
Convention  were  compelled  to  prohibit  their  meetings  ;  but  fo  nume* 
rous  arc  the  members,  and  fo  adtive  the  fpirit  of  revenge,  that  two  of 
three  iafHrredtions  have  been  raiTed  by  the  Jacobios  va  Pa4is,  blood 


■>\ 
,»• 

T 

lie. 
,»•■' 


Mti^V    j! 


<y 


I        I 


\u\ 


& 

Hx 


'iM 


HI' 


'J- 


io8         VINDICATION  OF  Mii.  jATs  TREATY, 

hs  been  fhed  in  variout  parts  by  that  fadion,  they  hare  been  in  pofleC 
fim  of  Toobn,  a  chril  war  is  orten  excited,  and  it  feeras  yet  doubtful 
whether  the  natiau^  reprefmtativesy  or  private  mnauthorifeJ  glakt  (haU 
govern  France. 

My  countrymen,  you  are  threatened  with  a  fimilar  eril.  Under 
the  pretended  mafk  of  .patriotifm  and  •mitichmg  over  oar  liberties t  pri> 
vate  aflbciations  are  fcsaaed  and  extending  t^etr  influence  OTcr  our 
country.  The  popular  Societies  cf  France  did  the  fame.  The  cry 
df  psirioti/iH  was  forever  on  their  tongue ;  but  when  they  became 
(bong  enough,  they  ruled  widi  a  rod  of  iron.  Fire,  fword  and  the 
gaHotbe  were  initruments  cf  their  adminiftration. 

Be  'not  deceired  into  a  belief  diat  our  citizens  aix  incapable  .of  fimi- 
lar  oatr^^es.  Violent  men  may  foe  found  in  «very  country,  and  already 
ai<e  the  heads  of  oar  gOTernment  denounced  as  traitors ;  .already  is 
oar  country  ithreatened  with  bbod  and  civil  war. — If  men  who  regard 
thdr  rights,  and  who  beHeve  the  conftituticm  and  laws  alone  to  be 
die  guarantee  of  thofe  rights,  do  not  unite  and  fliew  a  fbrmiditie 
cwmtenance  againtt  aU  irregular  oppofition  >to  thofe  laws,  our  iwhole 
country  will  be  ^nedUy  fubjedt  to  a  ccknfed«:&cy  of  men,  a  fmall  mi- 
nority indeed,  but  bold,  though  fecret  in  their  machinations,  indefati- 
gable in  their  meafnres,  and  determined  on  fucceis. 

It  is  not  the  treaty  alone  which  is  oppofed ;  this  is  a  convenient 
inftrument  for  them  to  wield ;  but  the  caufes  ofoppofition  lie  deeper. 
The  treaty  is  not  akqgether  fatisfadtory ;  but  if  carried  into  eSe&t  it 
will  not  be  followed  with  any  dangerous  confequences,  except  what 
will  be  created  by  its  oppolers.  If  left  to  go  peacably  into  operation, 
it  would  bave  no  general  effeA  on  buGnefs  which  peoj^e  at.la^e  could 
feel— agriculture  would  ftill  flourifh ;  trade  would  be  carried  on  as 
ttfual  with  iittle  variation ;  imional  difputes  would  be  in  a  train  of 
adjuilment,  and  peace  and  tranquillity  would  reign  throughout  our 
happy  land.  But  if  the  oj^fers  of  die  treaty  can  po/£bly  embroil 
our  country  in  civil  war,  it  will  be  effeded— <From  fuch  a  ift^tfiil 
calami^,  may  your  good  fenfe,  my  fellow  citizens,  f>referve  us ! 
Should  the  treaty  not  be  ratified,  and  fliould  the  confecpiences  be 
foreign  war,  die  pe^k.,  not  the  government  df  Amema^  iiiuA  be  ^n- 
fwerable  for  all  its  melancholy  eonfequences. 
■  No  period  of  our  political  life  has  been  more  criticat>*-!or  defetving 
of  more  temper  on  the  part  of  the  people,  and  i>f  more-prudence  and 
firmnefs  on  the  part  of  our  executive. 

One  party  Mriihes  to  dram  clafer  our  ztlUemce  wUh  rFraacey  icven  at 
die  hazard  of  war  with'  all  the  world.  Our  government  and  its;fup- 
porters  wiAi  for  perfect  neutrality  towards, all  the  powcES  .«t  war-r^ 
they  wifti  for  ftrift  jnftice  and  impartiality  to  beprcfervcd  towards^all 
parties,  and  they  wifli  for  friendly  tntereourfe  with  idl-^  fine  tdtoj 
ivkh  for  uninterrupted  peace.  ;< 

When  parties  are  thus  ntarfhalled,  it  behoves  all  goodisien  rto  xleter- 
mine  on  which  fide  they  will  range  themfelves.  One  or  die  nther 
muft  prevail ;  and  on  die  final  prevalence  of  one  or  the  other  of  thele 
parties,  are  fuTpended  the  peace,  proi^rity  and  bappindfs  of  the 
.Uattcd  States.  CUILXIUS. 


C   N  3 


ri'/ 


jt^' 


■■«*(te«#»;- 


Ui 


[from    THl    AMERICAN    PAILY    ADTIRTISSR. j 


Mdrn.I>oDlap&Claypoole,  <i 

TflE  following  SkOeh  of  "  The  Featuret  of  Mr.  Ja/t  Treaty,"  was 
made,  ortginaffy,  <tvtth  a  view  to  afcertain,  for  private  foAtfaftiotu 
theprincipkt  and  operation  of  an  In/lrumentf  woicb  has  nt^ted  fitch 
'■        €xtett/ive  euriofity,  ami  i*  calculated  to  produce  fuch  important  ej^Bu 
It  it  puhli/hedf  however,  at  the  influence  of  feveral  terfonx,  who 
thinh  that  thefuljeBfhould  be  placed  in  every  po0U  agit  f  and 
thtU  no  citixen  can  hejuflified  at  thit  cri/it,  in  fufpre^g  his  opt* 
nions,  or  in  withholmng  hit  Jhare  of  mformation  from  the  common 
ftoek.     But  while  it  is  committed  to  theprefs,  I  <an/h  it  to  he  eon- 
Jldered  merely  at  a  text,  which  may  herecfier  he  extended  ty  com- 
meuiary  or  explained  hy  illuflration  ;  ana  though  it  wiO  give  m$ 
.  fleafure  (fince  my  file  objeS  on  thit  occafion  is  the  invefligqtion  of 
'  ^   '  pomical  truth)  to  fee  it  become  afource  ^candid  animadvetfion,  I 
tiujl  it  will  not,  accor£ng  to  the  cu/lom  of  eontenSng  partietj  he 
'  ^:*-^.._  regarded  at  On  in^rument  offaSion,  nor  be  made  the  fountain  of 
'"^^  J^^nder  mtdobuje. 


'  i^*  Features  of  Mr.  yafs  Treaty, 


I.  The  ori^  andprogreft  of  the  negoeiation  for  the  Treaty,  ate  mat 
'^'^  ■  calculated  to  excite  confidence, 

t .  -»"  I  ""  HE  adminiftration  of  our  government  have,  feemingly  at 
X     leaft,  manifefted  a  policy  favourable  to  Great  Britain,  ah4 
adveife  to  France. 

2.  But  the  houfe  of  reprefentatives  of  Congrefs,  iroprefTed  \vith 
the  general  ill  condufl  of  Great  Britain  towards  America,  were 
adopting  meafures,  of  a  mild,  though  retalfaUng  nature,  to  obtain 
redrefs  and  indemnification.  The  injuries  complained  of  were,  prin> 
cipally,  I  ft.  The  detention  of  the  weftern  pofts — 'idly.  The  delay 
in  compenfaung  for  the  negroes  carried  off  at  the  clofe  of  the  war — 
and  3dly,  The  fpoliations  committed  on  our  commerce;  The  reme- 
dies propofed,  were,  principally,  ift.  The  commercial  regulations 
of  Mr.  Madifon— idly.  The  non-intercourfe  propofition  of  Mr. 
Clarke — 3dly.  The  feaueftration  motion  of  Mr.  Dayton — ^4thly.  An 
embargo— and  5thly,  Military  preparation. 

3.  Every  plan  of  the  legiflature  was,  however,  fuTpended,  or  ra- 
ther annthiuited,  by  the  interpofition  of  the  executive  authority  ;  and 
Mr.  yay,  the  chief  Juftice  of  the  United  States,  was  taken  from  his 
jadioal  feat,  to  negociate  with  Great  BHtuo,  under  the  influence  of 


,(. 


? 


i> 


iM< 


:.\-'h 


i;rJ 


q- 


I; 


fio 


FEATURES  OF 


I,  J 


the  prevailing  fentiment  of  the  people,  for  tie  redrefi  of  our  wm^u 
Query — ^Are  not  bis  comroiffion  and  the  execution  of  it,  at  variance? 
Is  any  one  of  our  wrongs  a^bially  reidrefled  i  Is  not  an  atonement  to 
Great  Britain,  for  the  injuries  which  flie  pretends  to  have  fufiered,  a 
preliminary  ftipulation  ? 

4.  The  political  dogma  of  Mr.  Jay  are  well  known  ;  his  predi' 
tedion,  in  relation  to  France  and  Great  Britain,  has  not  been  dif- 
guifed  ;  and  even  on  the  topic  of  American  complaints,  his  reports, 
while  in  the  office  of  fecretary  for  foreign  affairs,  and  his  adjudications 
while  in  the  office  of  chief  jiutice,  were  not  calculated  to  point  him 
out  as  the  fingle  citizen  of  America,  fitted  for  the  fervice  in  which 
he  was  employed.  Query — ^Do  not  perfonal  feelings  too  often  dic' 
tate  and  govern  the  puSlic  condud  of  miniflers  ?  But  whatever  may 
bave  been  his  perfon/.  difqualifications,  they  are  abforbed  in  the  more 
important  confideration  of  the  apparent  violence  committed  by^  Mr. 
Jay's  appointment,  on  the  eflential  principles  of  the  conftitution. 
That  topic,  however,  has  already  been  difcuiTed,  and  we  may  pafs 
to  the  manner  of  negociating  the  treaty  in  England,  which  was  '.it 
once  obfcure  and  illmdry.  We  heard  of  Mr.  Jay's  diplomatic  ho- 
nours ;  of  the  royal  and  minifterial  courtefy  which  was  fliewn  to  h^a, 
and  of  the  convivial  boards  to  which  he  was  invited :  but,  no  more ! 
Mr.  Jay,  enveloped  by  a  dangei^ous  confidence  in  the  intuitive  facul- 
ties of  his  own  mind,  or  the  inexhauftible  fund  of  his  diplomatic  in- 
formation, neither  pofTeffed  nor  wifhed  for  external  aid ;  while  the 
Britifh  negociator,  befldes  his  own  acquirements,  entered  on  the 
points  of  negociation,  fraught  vrith  all  the  auxiliary  fagacity  of  his 
brother  minilters,  and  with  all  the  pradtical  knowledge  of  the  mod 
enlightened  merchants  of  a  commercial  nation.  The  refult  corre< 
A)onds  with  that  inaufpicious  (late  of  things.  Mr.  Jay  was  driven 
n-om  the  ground  of  an  injured,  to  the  ground  of  an  agreffing,  party ; 
he  made  atonement  for  imaginary  wrongs,  before  he  was  allowed 
juftice  for  real  ones  ;  he  converted  the  refentments  of  the  American 
citizens  (under  the  impreffions  of  which  he  was  avowedly  fent  to 
England)  into  amity  and  concord  ;  and  feems  to  have  been  fo  anxious 
to  rivet  a  commercial  chain  about  the  neck  of  America,  that  he  even 
forgot,  or  difregarded,  a  principal  item  of  hf;r  own  produce,  (cotton) 
in  order  to  make  a  fweeping  facrifice  to  the  infatiable  appetite  of  his 
maritime  antagonift.  But  the  idea  of  the  treaty,  given  by  Mr.  Pitt 
in  anfwer  to  Mr.  Fox,  who,  before  he  had  feen,  applauded  it  as 
tin  adt  of  liberality  and  juftice  towards  America,  was  the  firft  autho- 
ritative alarm  to  our  interefts  and  our  feelings.  "  When  the  treaty 
is  laid  before  the  parliament  (faid  the  minifter).  you  will  bed  judge 
whether  any  improper  conceffion  has  been  made  to  America  !" 

5.  The  treaty  being  fent  here  for  ratification,  the  Prefident  and 
the  iSenate  purfue  the  myfterious  plan  in  which  it  was  negociated.  It 
has  been  intimated,  that  till  the  meeting  of  the  fenate,  the  inflru- 
ment  was  not  communicated  even  to  the  moft  confidential  officers  of 
the  government :  and  the  firft  refolution  taken  by  the  fenate,  was  to 

tbe  lips  ao4  eui  of  iu  ittembg:!  agaioil  every  goffibility  of  ^ving 


Miu  JAY'S  TREATY. 


Ill 


or  receiving  information.  Every  man*  like  Mr.  Jay,  was  prefumed 
to  be  infpired.  In  the  courfe  of  the  difcuiHon,  however,  lome  oc- 
currences flaihed  from  beneath  the  veil  of  fecrecy ;  and  it  is  conjee* 
tured  that  the  whole  treaty  was,  at  one  time,  in  jeopardy.  But  the 
rhetoric  of  aminifter  (not  remarkable  for  the  volubUtty  of  his  tongae) 
who  was  brought  poft-hafte  from  the  country ;  the  danger  of  expofing 
to  odium  and  diigrace  the  difHnguiihed  American  charadters,  who 

.  would  be  affedled  by  a  total  reje^on  of  the  treaty  ;  and  the  feeble, 
but  operative,  vote  of  a  member  tranfported  from  the  languor  and 
imbecility  of  a  flck  room,  to  decide  in  the  fenate  a  great  national 
queftion,  whofe  merits  he  had  not  heard  difcufTed }  triumphed  over 
princijJe,  argument  and  decorum ! 

'  6.  But  (till  the  treaty  remains  mratified;  for,  unleft  the  Britifli 
government  (hall  aflent  to  fufpehd  the  obnoxious  twelfth  ardde,  (it 
nvour  of  which,  however,  many  patriotic  members  declared  their 
readinefs  to  vote)  the  whole  is  deftroyed  by  the  terms  of  the  ratifi- 
cation :  and  if  the  Britifli  government  flialf  agree  to  add  an  article 

-allowing  the  fu^nfion,  the  whole  muft  return  for  the  reconddera- 
tion  of  the  fenate.  But  the  forms  of  myftery  are  (till  preferved  by 
our  government;  and  attempts  to  deceive  the  people  have  been 
made  abroad,  upon  a  vain  prefumption,  that  the  treaty  could  reraaio 
mfecret,  till  it  became  obligatory  as  a  law. 

For  inllance,  in  Fenno's  paper  of  the  25th  of  June,  it  is  uncqutx 
vocally  declared,  **  the  treaty  of  amity,  commerce  and  navigation, 
was  ratified  yefterday  by  the  Senate  of  the  United  States  ;  and,  even 
while  he  correAs  that  miftake  in  the  paper  of  the  following  day,  he 
commits  ^p  a-rer  of  a  more  extraordinary  kind  (particularly  when  we 
confider  that  he  is  the  confidential  perfon,  who  printed  the  treaty 
for  the  uTe  of  the  fenate)  by  aflerting,  that  in  the  twelfth  article, 
**  tlie  United  States  are  prohibited  from  exporting  to  Europe  from  the 
faid  dates,  fugar,  coffee,  cotton  and  cocoa,  the  produce  of  any  of  the 
Wefi  India  tfiands."  The  fa<5t  muft  have  been  known  to  Mr.  Fenno, 
that  the  prohibition  operates  univerfally  ;  whether  the  prohibited  ar> 

'  tides  are  the  produce  of  the  Weft  India  iflands,  of  the  Eaft  Indies, 
of  the  United  States,  or  of  any  other  part  of  the  world.  The  next 
effay  to  render  the  envelopements  of  the  treaty  flill  more  opaque,  ap- 
peared in  the  American  Daily  Advertifer,  of  the  a  7th  of  June. 
The  writer  (who  is  faid  to  be  a  member  of  the  Senate)  likewife  re- 
gards the  ratification,  in  his  introdudion,  as  a  perfe<El  one ;  and  af- 
ter giving  a  glofs  to  the  general  texture  of  the  treaty,  he  afcribes  the 

-  obnoxious  principle  of  the  twelfth  article,  to  an  error  ivhichf  it  appearst 
has  been  inadvertently  introduced.  An  error  inadvertently  Intcoduced 
into  an  inflrument,  which  was  under  the  confideration  of  the  chief 
juftice  of  the  United  States,  and  the  Britifh  minifler,  for  a  term  of 
eight  months !  and  introduced  too,  into  a  part  of  that  very  article, 
which  is  made  the  fole  foundation  of  the  whole  commercial  fuperllruc- 
ture ! !  Whenever  the  twelfth  article  ceafes,  the  treaty  declares 
every  other  article,  except  the  ten  firft  articles,  fliall  aifo  ceafe !   But 

X  (ii9  author  of  that  fketch  |^rocee{ls  ooe^flep  furtlier — h^  f^ys,  "  that 


^: 


,-<?»■ 


ii^'. 


ttt 


FEATURES  OF 


h  --^i 


I  uJJ' 


'! 


MMTf  e0ft/k  rf  ^§kntt  mr  a&JUm  towards  tli*  Fmch,  feoM  to  havie 
been  ftodiouily  avoided,  in  the  progre6  of  the  negodatiiin  i*  !*«« 
**iioaiiickofthetKaty«%(t«rM«i«y!mi%f<ii!ffw,  wM>dieoUif»> 
tioDS  and  cngi^inenta  contraAed  with  that  gallant  nadoa  1"  Lttdife 
treaty  fpeak  for  itfeU^t  is  more  to  be  hoped  than  expe^ed,  that  tha 
Toice  of  France  frould  not  tikewifc  be  heard  in  oppofiiioa  tvibbdd 
lUB  aflertieot 

■    *  '  -  ■    '   ' 

II.  Ntthiug  it  fmhd  if  thi  Trmbf* 

t.  Tlie  weftem  pofts  are  iohegivm  up, 

2.  The  northern  boundary  of  die  Uaited  Stales  is  to  bt  amtak^ 
fittbd. 

3.  The  river  meant  by  St.  Crmx  riirer  in  the  treaty,  is  #0  Ar 
fatbJ. 

4.  The  payment  for  iMliations  is /oJeMJftf/ln/ dp/ IIKI4&W 

If.  Tlie  ultimate  regulation  of  the  Weft  India  trade  is  to  dqieod 
«ii  a  negotiatioq  to  be  made  in  the  comie  of  two  years  after  the  termi- 
nation m  the  exiiUng  war. 

6.  The  queftion  of  neutral  bottoms  making  neutral  goods  knit 
itoijfidtred  at  the  fame  time. 

7.  The  articles  that  may  be  deemed  contraband,  are  ^  ^  fettled 
^  die  fame  time. 

8.  The  equalization  of  duties  laod  by  the  oontraiQtsg  parses  on 
«ne  another,  nto  be  hereafter  treated  of. 

9.  All  the  commercial  articles  depend  on  the  exiftence  of  the 
twelfth  article,  which  may  continue  twelve  years,  if  it  is  fb  agreed 
within  two  years  after  the  expiration  of  the  war ;  but  if  it  is  not  ib 
agreed,  it  expires,  and  with  it  all  the  dependent  parts  of  the  treaty. 
Query — Qoes  not  the  Senate's  fufpenfion  of  the  twelfth  article  bring 
us  to  the  fame  ground  i 

10.  The  whole  bufinefs  of  Mr.  Jay's  negociation  is  \ttt  open  by 
the  twenty-eighth  article,  for  alteration,  amendment  and  aadition, 
by  new  articles,  which,  when  agreed  upon  and  ratified,  fiall  become 
a  part  of  tbu  treaty, 

Qnery — ^Does  not  the  hiftory  of  treaties  prove,  that  whenever 
comraiffioners  have  been  appointed  by  the  parties,  to  take  all  the  fub* 
JeAs  of  their  difpute  adrrferendum^  for  the  fake  of  getting  rid  of  an 
immediate  prefliire,  and  patching  up  a  peace,  the  matter  terminates  ia 
freattpg,  notmfett^g  ^fkttncui      • 

m.    The  Treaty  eontaitu  a  nlovrabUt  but  no  real,  Ree^atity. 

I.  The  fecond  article  provides  for  the  furrender  of  the  weflem 
pofts  in  June,  1796;  but  it  {Updates,  that  in  the  mean  time,  the 
citizens  of  the  United  States  fliall  not  fettle  within  the  precihds  and 
juriididion  of  thofe  pofts ;  that  the  Britifli  fettiers  there  fliall  hold 
find  enjoy  all  their  property  of  every  kind,  real  and  perfonal ;  and 
that  when  the  pofts  are  furrendered|  luch  fettiers  fhall  have  an  ele^oo 


M».  f  ATt  TREATY. 


Its 


«hher  to  rtmaim  Brkifli  fubfcAs,  or  lo  become  Amakaa  MtiicMb 
<Vuery~i.Were  not  the  wdftern  poflt,  and  all  their  preckAt  and  j»> 
ftfSbaion,  «he  ibUkte  property  of  the  United  States  hy  the  traafejr  of 
peace  i  Quen^— ^bateqmraleRtis  giren  for  diii  cefliMof  tiMteni- 
lory  of  the  Uiuted  Stales  to  a  foreign  power  i  Quety-'-Hov  fiv  do 
tike  predoAs  and  juifiiiAion  of  the  pofts  extend  ft^aay—Does  not 
the  treaty  give  an  implied  aflent  to  major  CampbelPs  claim,  by  adflft- 
jng  its  language,  as  far  as  the  faUsof  the  Miami,  and  to  the  northern 
dnm  vpoti  theeenitoiies  of  New-York  and  Vermont  i 

a.  The  third  article  (Kpulates  that  die  two  contrading  partiea  nuqr 
freqaent  the  ports  of  eitier  forty ^  on  the  eaftem  banks  ot  die  Mifiif- 
fippi.  Qnery-— What  ports  has  Great  Britain  on  die  eaftem  baoka 
of  the  MSbffippi? 

3.  The  dura  article  likewife  opens  an  uaicahle  interaourfo  on 
the  lakes ;  but  excludes  us  from  their  fea>^port8,  and  the  limiu  of  the 
Hudfon's  bay  company;  and  eKchKles  them  from  navigating  oar 
Atlantic  rivers,  hi^ier  than  the  hichsft  port  of  entry  in  eadk  MS^ 
-'■What  aiie  the  limits  of  the  Hudton's  bay  company  ?  Qwnry— What 
vquivalent  do  the  United  States  obtain  for  die  general  freedom  of 
uavintion,  portage  and  paflage  ?  For  it  maft  be  remembered,  that 
the  Britifli  rivers  penetrate  the  heart  of  the  couatiy,  bat  ofthofe  we 
can  take  no  advantage ;  while  Great  Britain  is  in  ra&  admittad  to  aU 
the  advantages  oF  whidi  our  Atkuitic  rivers  are  fofceptible. 

4.  The  (ixth  and  feventh  articles  provide  for  laiiiti^riBg  every 
demand  which  Great  Britain  has  been  aUe,  at  anytime,  tosmhe 
•gainft  the  United  States  (the  payment  of  the  Beitilh  debts  doe  be- 
fore  the  war,  and  the  mdemnification  for  vefieb  captured  witbio  m» 
territorial  juriftUAion)  but  the  provifion  made  for  the  Amerion 
claims  upon  Great  Britain,  is  not  equally  explicit  or  cedent  io  its 
terms,  nor  is  it  co^xteniive  with  the  ofajeA*  ^uery<— "IR^  'is  dK 
demand  for  the  negroes,  carried  olFby  die  Bnti^  troops,  fi^iptefled, 
araved,  or  abondoned  ?  The  preamble  to  the  treaty  recites  an  Inten- 
tion to  termmHe  the  d^remu  between  die  nations :  was  not  die 
aifiur  of  the  negroes  a  difference  between  the  nations  \  and  how  has 
it  been  terminated  ? 

5.  The  ninth  article  ftipulates,  that  the  futyeAs  of  Great  Briaam 
and  the  citizens  of  the  United  States,  refpedively,  wiwnowfiokl 
lands  within  the  territories  of  either  nation,  fhali  hold  <he  lands  in 
the  feme  manner  as  natives  do.  Query — What  is  the  relative  pro- 
portion of  lands  fo  held  ?  Query— -^he  effeA  to  revive  the  claims 
of  Briti<h  fubjeAs,  who,  either  as  traitors  or  aliens,  ha«e  foifoited 
their  property  within  the  reipeAive  ftates  ?  Query — ^The  operation 
of  fuch  a  compaft  on  the  internal  policy  of  the  union,  combined  with 
the  fokmn  recognition  of  2  colony  of  Britifli  fuUefts,  profeffing  and 
4>wing  allegiance  to  the  Britifli  crown,  though  fettled  within  tbs  ac- 
knowledged territory  of  the  United  Sutes,  by  virtue  of  the  (econd 
article  \ 

6.  The  tenth  article  declares,  that  neither  party  fliali  ieqaefter  or 
«onfifca!te  the  debts  or  property  in  the  funds,  Sec.  belonging  to  t^^ 


II 


'      :  •  )■ 


■i    i 


114 


FEATURES  OP 


citizen!  of  the  other,  in  cafe  of  a  war,  or  of  aationv'  diftrene^ 
Great  Britain  has  fleeu  and  armies }  America  has  none.  Query- 
Does  not  this,  fupported  by  other  provifions,  which  forbid  our  chang> 
ing  the  commercial  fituation  of  Great  Britain,  or  imjpoflng  higher 
duties  on  her  than  on  other  nations,  deprive  the  United  States  of 
their  beft  means  of  retaliation  and  coercion  ?  Query — Is  it  not  taking 
from  America  her  only  weapon  of  defence ;  but  from  Great  Britata 
the  lead  of  two  weapons  which  flie  poflefles  i  What  is  the  relatave 
proportion  held  by  the  citizens  of  the  contraAing  nations,  refpeAively* 
in  the  funds,  8cc.  of  each  other. 

7.  The  twelfth  article  opens  to  our  veflels,  not  exceeding  feventy 
tons,  an  interconrfe  with  the  Britifli  Weft  India  iflands,  during  the 
prefent  war,  and  for  two  years  after :  but  it  prohibits  our  exporting 
nrom  the  United  States,  melafTes,  fugar,  cocoa,  coffee,  or  cotton, 
to  anv  part  of  the  world,  whether  thofe  articles  are  brought  from 
Britifh,  French,  or  Spanifh  iflands,  or  even  raifed  (as  cotton  is) 
within  our  own  territory.  Query— Are  veflels  of  feventy  tons  equal  to 
maintain  the  moft  beneficial  part  of  our  trade  with  the  Wefl  Indies,  the 
tranfportation  of  lumber,  &c.  i  Query — ^Do  we  not,  in  lie  time  of  war 
(and  the  continuance  of  the  privaTege,  for  more  than  two  years  after 
die  war  depends  on  the  fituation  in  which  his  maiefly  of  Great  Britain 
fhall  then  find  himfelf  in  relation  to  the  iflands)  enjoy  a  greater  pri- 
vilege, under  the  temporary  proclamations  of  the  dulonial  governors, 
than  diis  article  admits  ?  Qwry — Have  not  the  articles  which  we 
are  prohibited  firom  exporting,  formed,  of  late,  a  valuable  part  of 
our  trade  i  Is  not  cocoa  chiefly  cultivated  by  the  Spaniards  ?  Is  not 
cotton  a  fla}Je  of  America  ?  Is  owe  own  own  confumption  equal  to 
our  importation  or  growth  of  the  prohibited  articles  i  Will  not  the 
want  of  a  vent  for  any  furplus  quantity,  affeA  the  other  branches  of 
our  commerce,  diTninifh  the  demand  for  ihip  building,  and  injure 
Dur  agriculture  i  If  we  are  now  thrown  out  of  this  branch  of  the  car- 
rying trade,  fhall  we  be  ever  able  to  recover  it  ?  and,  in  fhort,  will 
not  the  lols  be  of  lafling  detriment  to  all  our  maritime  exertions  i 

8.  The  thirteenth  article  admits  us  to  trade  in  the  Britifh  fettle- 
ments  in  the  £afl  Indies  :  but  it  excludes  us  from  any  fhare  in  the 
coafUng  trade  of  that  country ;  it  forbids  our  penetrating  the  interior 
of  the  country,  or  holding  an  intercourfe  with  the  natives,  unlefs 
under  a  -  licenfe  from  the  local  Britifli  government  {  and  it  compels 
us  to  land  all  the  articles  that  are  there  (hipped,  in  the  United  States. 
Is  not  China  the  independent  territory  of  the  emperor?  Is  not 
Canton  an  open  port  acceflible  to  all  nations?  Do  we  not  obtain 
there,  and  at  independent  places  in  the  Eaft  Indies  with  which  we 
have,  at  prefent,  an  uninterrupted  communication,  tea,  porcelain, 
nankeens,  filk,  &c.  upon  the  principles  of  a  free  trade  ?  Dues  not 
a  very  advantageous  part  of  the  trade  in  that  quarter  of  the  globe, 
^onfift  in  the  exchange  of  the  produAs  and  manufaAures  of  the  Eaft 
Indies  for  thofe  of  China,  axid vice  verfa?  Do  notour  importations 
of  Eaft  India  goods  far  exceed  our  confumption  ?  Is  not  the  trade 
^hieh  we  carry  on  with  thofe  goods  in  Europe,  highly  benefici^  \ 


(  . 


M«.  JAY'i  TREATY. 


««S 


Are  not  fugar  and  coffee  a  part  of  our  imporutiona  from  India*  atad 
doea  not  the  lath  article  prohibit  our  re-exporting  them  i  Doea  our 
trade  to  Europe,  founded  on  the  prerioua  ioterconrfe  with  India, 
depend  on  the  Britifti  licence ;  and  can  it  be  maintained*  under  the 
diiadvantage  of  a  double  voyage  i  Are  we  not*  cvtry  voyage*  making 
favourable  imprediona  on  the  natives  of  China  i  Do  we  not  partici- 
pate* at  prefent*  in  the  carrying  trade  of  that  country  i  Doea  not 
our  intered  in  it  increafe  rapidly  i 

9.  The  feveral  articles  that  regulate  the  rights  and  privclegea  of 
the  contrading  parties  within  their  refoedlive  territories*  in  cafe  either 
of  them  is  engaged  in  a  war,  ^may  ceale  in  two  years  after  the  prefent 
war  is  terminated*  and  cannot  be  protrafled  beyond  twelve  years. 
Query— Are  not  all  thefe  advantages,  in  effeA,  excltifivefy  favoura* 
buto  Great  Brittuitt  a  principal  maritime  power  of  Europe ;  often 
engaged  m  wars ;  and  interefted  to  obuin  for  her  (hips*  her  colonies* 
and  herfelf*  the  ports  and  fupplies  of  this  extendve  continent  ? 

Is  it  probable  that,  during  the  longed  poflible  exiftence  of  thia 
treaty  (twelve  years)  America  will  be  engaged  in  maritime  wars, 
will  want  Enshfh  ports  as  a  refiige  for  men  of  war*  or  as  a  retreat 
for  prizes  ?  Or  that  it  will,  during  that  period,  be  of  importance  to 
her  obje^*  to  prevent  her  enenues  firom  arming  in  Englifli  ports,  or 
felling  their  prizes  there  i 

10.  The  twenty-fecond  article  provides  for  (hips  of  war  being  hof^ 
|Htably  treated  in  the  ports  of  the  re(j[)edlive  contraAing  parties  ;  and 
that  officers  ffiall  be  treated  with  the  refped  that  is  due  to  the  com- 
miffions  which  they  bear.  Query — Could  not  the  principle  of  reci- 
procity* as  well  as  humanity*  fuggeft  to  Mr.  Jay,  that  fome  provi- 
(ion  fliould  be  made  to  proteA  our  citizen  failors  from  the  fangs 
9f  Briti(h  prefs-gangs  in  England }  and  from  the  horrors  of  their 
prifon-ffiips  in  the  Weft  Indies  ?  Were  the  commiifions  of  his  Bri« 
tannic  majefty  of  more  regard  than  the  liberties  of  American  freemen  i 
Or*  was  it  unknown*  that  thoufands  of  our  failors  have  been  occa(ion- 
ally  enflaved  by  the  imprefs  tyranny  of  the  Britiih  government  I  Or, 
that  thoufanda  have  loft  their  lives  in  noxious  prifons*  while  their 
veffels  were  carried  into  Briti(h  ports  for  *<  LEGAL  ADJUDI- 
CATION?" 

11.  The  fourteenth  article  provides  for  a  perfeA  liberty  of  com- 
merce and  navigation,  and  for  the  accommodation  of  traders ;  but 
fubjeA  always  to  the  laws  and  ftatutes  of  the  two  countries  refpedlively : 
Query—- Are  not  the  laws  and  ftatutes  of  England  infinitely  more 
rigid,  on  the  fubjeAs  of  this  article*  than  the  laws  aiid  ftatutes  of 
America  j  « 


,1  i 


v\ 


^  IV.     The  Treaty  is  an  Inftrument  of  Party » 

I.  The  difcuflions,  during  the  fefEon  of  Congrcfs  in  which  Mr.  Jay '4 
mi(Eon  was  projeAed,  evinced  the  exiftence  of  two  parties,  upon  die 

Jueftion*  whether  it  was  more  our  intereft  to  be  allied  with  the  repub- 
c  of  France*  (baa  with  th«  monarchy  of  Great  Britain.  Query-DoA 


.'  1; 


'  :  t 


nd 


FEATURES  OF 


V] 


'Ilk 


hie-  r. 


Mot  tbc  #tnerftl  complexion  of  the  treaty  decide  the  qoeflion  in  fiifoar 
of  the  luliancc  with  Great  Briuin  i  Query — Whether  that  coni> 
plexion  docs  net  manifeftly  arife  from  the  prorifiont,  for  admitting 
a  Britiih  colony  within  our  territory*  in  the  neighbourhood  of  the 
wcftem  poftt }  for  admitting  the  whole  Britiih  nation,  without  an 
eqoiralent,  into  a  participation  of  our  territory  on  the  eaftcm  bank  of 
tlM  Mifiiflippi  I  for  naturalizing  all  the  holders  of  lands  t  for  opening 
a  general  intercourfe  with  their  traders  on  the  lakes,  in  the  interior 
of  onr  conntry,  rendering  (as  it  is  idly  faid)  the  local  advanuges  of 
each  party  common  to  both )  for  regulating  the  external  trade  of  the 
two  nations  with  each  qther ;  for  admitting  citizens  to  be  puniftted  aa 
pirates,  who  take  commiilions,  &c.  from  a  belligerent  power,  adverfe 
to  either  contracting  party ;  for  fettering  the  operations  of  our  treaty 
with  France  ;  for  ^rrendering  criminals,  Arc.  &c.  &c. 

a.  The  mcaiiires  propofed  by  one  party  to  retaliate  the  injuriei 
offered  by  Great  Britain  to  our  territorial,  commercial  and  politic 
cal  rights,  were  oppofed  by  the  other,  preciiely  as  the  treaty  oppofes 
them.     For  inftance: — 

(i.)  Mr.  Madifon  projeAs  a  regulation  of  our  commerce  with 
Great  Britain,  by  which  the  hofHle  fpirit  of  that  nation,  might  be 
controded  on  the  footing  of  its  interelh  The  treaty  legitimifes  the 
oppoiition,  which  was  given  to  the  meafure  in  Congrefs,  by  declaring 
in  article  fifteen,  **  that  no  other  or  higher  duties  (hsdl  be  paid  by 
the  fhips  or  merchandife  of  the  one  party,  in  the  ports  of  the  other, 
than  fach  as  are  paid  by  the  like  veflfels  or  merchandife  of  aH  other 
nations ;  nor  fhall  any  othet*  or  higher  duty  be  impofed  in  one  coun- 
try on  die  importation  of  any  articles  of  the  growth,  produce,  or 
manufaAures  of  the  other,  than  are,  or  (hall  be,  payable  on  the  im* 
portation  of  the  like  articles  of  the  growth,  &c.  of  any  foreiga 
country. 

(3.)  Mr.  Clarke  propofes  to  manifeft  and  enforce  the  public  re- 
fentment,  by  prohibiting  all  intercourfe  between  the  two  nations. 
The  treaty  deAroys  the  very  right  to  attempt  that  fpecies  of  national 
denunciation,  by  declaring  in  the  fame  article,  that  '*  -no  prohibition 
fhall  be  impofed  on  the  exportation  or  importation  of  any  articles  to 
or  firom  the  territories  of  the  two  parties  refpedtively,  which  fhall  not 
equally  extend  to  all  other  nations." 

(3.)  But  Mr.  Dayton  moves,  and  the  houfe  of  reprefentatives  fup- 
port  his  motion,  for  the  fequeftration  of  Britifh  debts,  &c.  to  enfure  a 
fund  for  paying  the  fpoliations  committed  on  our  trade.  The  treaty 
(without  regaf'ding  the  refped  due  to  the  commiflion  which  is  borne 
by  our  members  of  Congrefs)  not  only  defpoils  the  government  of  this 
important  inftrument  to  coerce  a  powerful,  yet  interefled  adverfary 
into  adls  of  jufHoe,  but  enters  likewife  into  a  commentary,  which, 
confldering  the  condudt  of  one  of  the  branches  of  our  legiflatufe. 
Lord  Grenville,  confiftently  with  decorum,  could  not  have  expreiled, 
or  at  leafl,  Mr.  Jay,  for  the  fake  of  our  national  dignity,  ought  not 
to  hare  adopted.  The  tenth  article  declares,  that  **  neither  the 
dcbu  due  from  individuals  of  the  pne  nation  to  individuals  of  the  others 


Mr.  JAY'i  tItfiATY. 


««f 


BAT  flui'-M  nor  monies  which  they  nuy  have  in  the  public  fundi,  or 
in  the  public  or  private  bankt,  (kM  ever,  in  tny  crsnt  of  war  or  na. 
tSonal  difcrcooe,  be  feqaeltcred  or  coD^fircated,  it  hmug  mujufi  tmJ  nn. 
ftitic,  that  debt!  and  eagageiilcau  contra^  cd  and  made  by  indiri* 
duals  having  confidence  in  each  other  aitd  in  their  refpe^ire  govern- 
itftnts,  fliould  ever  be  deit'^oyed  or  unpaired  by  national  aathority 
on  account  of  national  diiFerencei  and  difcontents."  The  terms  are 
very  fiailar  to  thofe  that  gave  Mr.  Daytun  offence  in  a  fymeh  pro. 
nouoced  by  Mr.  Ames ;  and  certainly  it  will  be  deemed  no  mitiga- 
tion, that  the  charge  of  committing  **  an  w^m/I  and  impolitk  aA,'* 
has  been  wantonly  engrafted  upon  the  moii  folemn  of  all  inftruraents, 
— «  public  treaty  I  (^ry  x— Would  Lord  Orenvillc  have  confented 
to  brand  his  Royal  Mafter  with  the  title  of  Gnat  Sta  RtUtr,  if  Mr. 
Jay's  urbanity  could  have  permitted  him  to  borrow  the  epithet  from 
another  member  of  Congrefs,  in  order  to  infert  it,  in  the  article  that 
relates  to  the  Britifli  fpoliations  on  our  trade  i  But  perhaps,  Mr. 
Jay  forgot,  that  the  commentary  operated  u  a  refleAion  on  th« 
government  of  the  United  States,  and  only  meant  it  as  a  reproach  to 
Great  Britain,  for  fequeftering  during  the  late  war,  and  reuining  at 
this  moment,  the  property  bclonsing  to  Maryland,  lying  in  the  bank 
of  England.  It  might,  likewi^,  be  intended  as  a  fatire  upon  the 
parliamentary  fe^ueftration  of  French  property  in  the  famous  **  In- 
tercourfe  Aft :"  or,  perhaps,  Mr.  Jay  anticipated  the  revolution  in 
Holland,  and  defigned  his  commentary  as  a  warning  againft  the 
feizing  of  Dutch  property,  public  and  private  i  which,  however,  hat 
fince  taken  place,  in  fpite  of  his  iblemn  admonidonw 

J.  The  trials  that  had  occurred  relative  to  the  equipment  of  French 
privateers  in  our  ports;  and  the  enliftment  of  our  citizens  in  the 
fervice  of  the  republic,  had  produced  fome  embarrafTment  in  the  courfo 
of  party  purfuits.  Thefe  are  obviated  by  the  treaty.  The  Britifli 
nation  by  which  the  emprefs  of  RulTia  has  tdways  been  fupplied  with 
naval  omcers,  and  whole  fleets  and  armies  are  always  crowded  with 
volunteers  from  other  nations,  confents  that  her  lubjedls  fliall  not 
ferve  ag^uttftns  $  and  ftipulates  diat  our  citizens  fliall  not  ferve  s^ainft 
her.  This  coatraft  is  made  with  a  power  aftuaily  engaged  in  « 
war ;  and  feklom  more  than  feven  years  dear  of  one  i  by  a  power 
at  peace,  not  liable,  from  her  local  pofition,  and  poKtical  cdnftitu> 
tion,  to  be  involved  in  war,  and  in  ttn£i  alliance  with  the  natioil 
againft  whom  the  ftipulation  will  immediately  operate.  Captain 
Barney  and  the  other  Americans,  who  have  joined  the  arms  of 
France,  are  thus  involved  in  the  moft  fcrious  dilenmia.  If  they 
expatriate  themfelves,  they  may  poffibly  efcape  the  vengeance  of  the 
American  government ;  but  will  that  lave  them  from  the  vengeance 
of  Great  Britain,  whoTe  conceffion^  on  the  doftrine  of  expatriation 
are  not  quite  Gi>  liberal  i  By  the  bye,  it  may  here  be  (eafonM^ly 
repeated,  that  while  Mr.  Jay  was  fo  willing  to  prevent  American 
citizens  from  entering  into  the  fervice  of  France,  he  might  furely 
have  taken  fome  pains  to  fecure  them  from  being  freffi;d  into  the  fer- 
ik»  of  England.     Hfi  would  have  found,  on  enquiry,  |hftt  the  .ia< 


/ 


.•% 


'!-'■'■>■;'?' 


■  )■  *;"■ 


i  j^'  •  — -> 


'.■  I 


118 


FEATURES  OF 


fiances  of  the  latter  kind  are  infinitely  more  numerous  than  of  ths 
former.  But  it  is  enough  that  the  meafure  will  be  intrbdudtory  of  a 
law,  favourable  to  the  view  of  a  party  which  reprobates  every  idea  of 
alTifting  the  French,  and  cultivates  every  means  of  conciHatbg  the 
Britift. 

4.  It  has,  likewife,  been  thought  by  fome  politicians,  that  the 
energies  of  our  executive  department  require  every  ud  that  can  be 
given  to  them,  in  order  more  effedually  to  refift  and  controul  the 
popular  branches  of  the  government.  Hence  we  find  the  treaty- 
making  power  employed  in  that  fervice  ;  and  Congrefs  cannot  exer> 
cife  a  legiflative  difcretion  on  the  prohibited  points  (though  it  did 
not  participate  in  making  the  ceffion  of  its  authority)  without  a  decla- 
ration of  war  againft  Great  Britain.  George  the  third  enjoys  by  the 
treaty  a  more  complete  negative  to  bind  us  as  dates,  than  he  ever 
claimed  over  us  as  colonies. 

V.  Tie  treaty  it  a  violation  of  tie  general  principles  of  neutraUtyf  and 
is  in  colli/ion  luiti  tie  pyitive  previous  engagements  luiici  fub/t/i 
between  yimerica  and  France. 

1.  It  is  a  general  principle  of  the  law  of  niLtions,  that  during  the 
exiftence  of  a  war,  neutral  powers  ihall  not,  by  favour  or  by  treaty,  fo 
alter  the  fituation  of  one  of  the  belligerent  parties,  as  to  enable  him 
more  advantageoufly  to  profecute  hoflilities  againft  his  adverfary. 
If,  likewife,  a  neutral  power  ihall  refufe  or  evade  treating  with  one 
of  the  parties,  but  eagerly  enter  into  a  treaty  with  the  other,  it  is  a 
partiality,  that  amounts  to  a  breach  of  neutrality.  Thefe  poiitions 
may  be  fupported  by  the  authority  of  the  moft  efteemed  writers  on 
the  fubjedt ;  but  it  will  be  fufiicient  in  the  prefent  cafe,  to  cite  the 
conduct  of  Great  Britain  herfelf.  Thus,  it  has  been  adjudged  by 
Lord  Manj/!eldf  **  that  if  a  neutral  (hip  trades  tu  a  French  colony, 
with  all  the  privileges  of  a  French  fliip,  and  is  tius  adopted  and 
tiaiuralixedy  it  muft  be  looked  upon  as  a  French  (hip,  liable  to  be 
taken."  St^  Judge  Black/lone* s  reports^  I  W./.  313,  3 1 4.  Ac- 
Cording  to  the  principle  on  which  this  judgment  was  given,  the  a£l  of 
ilTuing  the  memorable  orders  of  the  6th  of  November,  1 793,  and 
the  confequent  feizure  of  all  our  ve(rels,  are  attempted  to  be  juftiiied. 
Great  Britain  alledges  (when  it  is  injurious  to  France)  tliat  trading 
with  the  French  iflands,  on  a  footing  not  allotued  before  tie  wary  is  a 
breach  of  neutrality,  and  caufe  of  confifcation :  and,  therefore.  Great 
Britain  mufl  alfo  admit,  at  leaft  America  will  not  deny,  that  tradipg 
with  the  Britifh  iflands,  on  a  footing  not  allowed  before  the  war  ;  or, 
in  different  words,  altering  and  enlarging  the  commercial  relations  of 
the  two  countries,  is  equally  a  breach  of  our  neutrality  towards  France. 
When  the  fword  is  found  to  cut  both  ways,  the  party  who  ufes  it, 
has  no  right  to  complain. 

2.  That  we  have,  on  the  one  hand,  evaded  the  overtures  of  a 
treaty  with  France,  and  on  the  other  hand,  folicited  a  treaty  from 
Great  Britain,  are  fai^s  public  and  notoriou*.     Let  us  entire,  thee, 


Mr.  JAY'i  treaty. 


ti9 


wbat  Great  Britain  has  gained  on  the  occafion,  to  eoiblc  her  more 
advantiigeoufly  to  profecute  her  hoftilities  againft  France. 

(i )  Great  Britain  hat  gained  time.  As  nothing  is  fettled  by  the 
trear^,  (he  has  it  in  her  power  to  turn  all  the  chances  of  the  war  in 
her  Kivour ;  and,  in  die  interim,  being  relieved  from  the  odium  and 
embarraflment  of  adding  America  to  her  enemies,  the  current  of  her 
bperations  a^nft  France  is  undivided,  and  will  of  courfe  flow  with 
greater  vigour  and  certainty.  We  have  been  for  fo  many  years  fatis- 
fied  vfiihthepromjfes  of  tie  treaty  of  peace,  that  Great  Britain  has  caufe 
to  6xpeA,  at  leau,  an  equal  period  of  credit,  for  tie  promifet  of  the 
treaty  of  amity.  If,  indeed,  it  is  true,  that  the  reafons  affigned  by  Lord 
Grenville  to  Mr.  Jay,  for  declining  an  immediate  furrender  of  the 
pofts,  were,^r^,  that  the  Britifh  traders  might  have  time  to  arrange 
their  out-ftandmg  bufihefs  ;  a  privilege  that  is  exprefsly  granted  by  the 
treaty,  and  could  not  therefore,  fiirnifli  a  real  excufe  for  delay  ;  and 
fecondly,  that  the  Britiih  government  might  be  able  to  afcertain  what 
would  be  the  probable  effedt  of  the  furrender,  on  the  Indians  \  a  re- 
fervation  that  demonjiriate't  an  intention  to  be  governed  by  events  ;  wf 
can  very  well  account  for  the  late  extenfive  fhipment  of  artillery  and . 
ammunition  to  Canada  {  and  may  eafily  calculate  the  importance  of 
gaining  time,  in  order  to  promote  the  American,  as  well  as  Europeana 
obje^s  of  Great  Britain. 

■  (2.)  Great  Britain  gains  fuppTus  for  her  IVeft  India  colonies  i  and 
that  for  a  period  almoft  limited  to  the  continuance  of  the  war,  under 
circumftances  which  incapacitate  her  from  fltrnifliing  the  colonial  fup* 
plies  herfelf ;  and,  indeed,  compel  her  to  invite  the  aid  of  all  na- 
tions, in  fumifhing  provilions  for  her  own  domefHc  fupport.  The 
fupplies  may  be  carried  to  the  iflands  either  in  jfmerican  bottoms  not 
exceeding  feventy  tons,  or  in  Britl/b  bottoms  oiany  tonnage, 
.  •  (3.)  Great  Britain  gains  an  advantage  over  France,  by  prohibiting 
the  exportation  offugar,  life,  itt  confequence  of  which  the  colonies  of 
France  muft,  in  a  great  meafure,  remain  unfupplied  with  provisions. 
Sec.  as  they  can  only  in  general  pay  for  them  in  thofe  articles,  whofe 
ttfe  is  confined  to  the  American  confumption.  It  will  be  remembered, 
that  the  produce  of  the  French  iflands  has  of  late  conftituted  a  great 
part  of  our  European  remittances.  If,  therefore,  that  trade  is  cut 
off,  and  at  the  fame  time,  belides  employing  our  own  fmall  crafi  of 
feventy  tons,  Great  Britain  is  allowed,  to  any  extent  of  tonnage,  to  be 
our  Weft  India  faAor,  it  is  obvious  that  our  confumption  of  fugar, 
coffee,  &c.  &c.  will  be  abundantly  fupplied,  without  maintaining  an 
intercourfe  with  the  French,  or  even  with  the  Eaft  Indies,  to  pro- 
cure any  of  thofe  jtfticles.  Perhaps  this  method,  though  lefs  bold, 
will  be  more  effectual  to  prevent  our  furnifliing  the  Fiench  iflands 
with  provifion,  than  declaring  them  to  lie  in  a  ftate  of  blockade,  and 
feizing  the  veffels  that  attempt  to  vilit  them. 

(4.)  //  is  another  important  gain  to  Great  Baitain  (which  might, 
Hkewile,  have  been  adverted  to  under  the  feature  of  reciprocity)  that, 
to  any  extent  of  tonnage,  her  veffels  may  carry  on  the  Wejl  India  trade 
for  us,  either  to  fupply  our  domeftic  confumption,  or  European  en- 


-.c_.^ 


)  ' 


fl 


I  i| 


I  I 


W' 


110 


FEATURES  OF 


gagementSi  /v^^  to  ho  other  or  higher  duUu  tUm  our  ovm  v^jUtt 
while  our  own  vefTeli  are  reftri^ed  to  a  fi/tifal  fize«  and  eircumfcribed 
to  a  paitieqlar  voyage.  But  whjitevcr  may  be  thought  of  the  benefit 
of  acquiring  fpr  America  even  tbU  fcanty  parttcqwtion  in  the  Weft 
India  trade*  no  one  (dter  the  rcje^ion  of  the  twelfth  article)  wiU 
deny  that  the  whole  meafore  changes  the  relative  fituauon  of  the 
two  countriest  avowedily  in  favour  of  Great  Britain,  and  operativelji 
injurious  to  France ;  and  every  fuch  change  is  derogatory  to  cm 
boafted  neutral  chara^cr« 

(5.)  The  {tdv^i/lm  of  Qreqt  BrUain  ti  all  the  commtrcinl  adv^itO' 
gee  of  the  nufjl  favoured  nation,  etnti  the  refinutUs  impofed  yfon  our  k* 
gi/Iative  indf^denee,  as  dated  in  the  party  feature  of  the  treaty,  are 
proofs  of  fMredile^ipn  and  partiality  in  the  American  governnMnti 
which  cannot  fail  to'' improve  the  refovrces  of  Gre^t  Britain,  and  to 
innpair  the  interefts,  as  well  as  the  atuchments,  pf  France. 

(  6. )  The  qfftnt  to  tbefei%ure  of  aH provifion^U^,  and  thajti  in  tfkSti 
upon  any  pretext,  at  a^  period  when  Great  Bntain  is  diftreJTed  fo( 
Urovifions,  as  well  as  France ;  ^d  when  the  fyftem  oi  fubdmt^g  fy 
famine  has  been  adopted  by  the  former  ag^nft  fhe  latter  nation*  ia 
clearly  changing  our  pofition,  a3,an  independent  repyb|ip,  in  a  man* 
ner  detripiental  to  our  ori^^na)  ally.  That  our  merchants  will  be 
paid  a  refifonable  profit  for  their  cargoes,  &p.  may  reqder  the  mea- 
lure  more  palatable  to  us  ;  even  under  the  lofs  of  the  retoin  cargo, 
the  derangement  of  the  voyage,  and  the  dellru^on  of  the  ^irit  of 
commercial  enterprife  ;  but  tn^t  confidcration  c;innot  render  it  lefs^ 
oflenfive  to  France,  |t  may  properly  be  here  remarked,  thfit  Swe- 
den and  Penmark  have  obtained^  by  a  fpirited  refiftance,  an  a£lual« 
indemnificdtipp  for  the  feizures  which  have  heretofore  taken  place,, 
and  an  exeipptjon  6rom  all  fuch  outrages  in  Auure ;  while  America 
has  only  put  diofe  which  are  paft,  in  (t  train  of  negociation,  and  has 
given  a  tegiimate  effed  to  thofe  which  are  to  come.  The  01  .er, 
irhich,  the  Englifli  gazettes  fay,  has  recently  been  ilTued  for  fcizing 
American  provifion-fliips^  on  dieir  paflage  to  France,  ought  not, 
therefore,  to  be  complained  of,  as  it  is  merely  an  exercife^  by  an- 
ticipation, of  the  right  granted  by  the  treaty. 

(7.)  Gregt  Britain  fat  gained  the  r'^bt  of  preventing  our  Citizene> 
froth  le'mg  voluntfert  in  the  armief  or  fiips  of  Francf!  This  is  not 
(imply  the  grant  of  a  new  right  to  Great  Britain,  but  is,  at  the  fame* 
time,  a  politive  deprivation  of  a  benefit,  hitherto  enjoyed  by  France, 
Neither  the  laws  of  nations,  nor  our  mci^icipal  conftitution  and  laws^. 
prohibited  our  citizens  from  going  to  another  country^  and  there,  either^ 
for  the  fake  of  honour,  reward,  pr  inftruAion,  ferving  in  a  foreign, 
navy,  or  army  ; — Colonel  Ofvoedd  and  many  others  have  done  it  :— 
Captain  Barney  and  many  others  are  doing  it.  But  a  proclamatiooi 
muft  ifliie  to  recal  all  fuch  volunteers,  and  puniHiment  m\4l  foUo^. ' 
difobedience,  if  the  twenty-firft  article  of  the  treaty  is  to  be  efleftu- 
l^ed,  as  the  fuprcme  law  of  the  land. 

(  8. )  Great  ^ri/iim  has  gained  a  right  to  treat  (indpunifh  as  pirates^ 
ftny  of  our  fitizene  whojhall  accept ^  even  v^hik  they  ore  in  Frwce,  anjf 


M».  JAY'«  TREATY. 


la* 


tmtm^jji&t.  to  aim  a  privat«4i)r,  or  letfier  of  marque.  It  if  true',  that 
a  fiinUar  provifion  is  cpatato^d  ia  other  treaties )  but  we  arc  now 
only  (onfiderinl;  #Af  tib^atiem  which  are  nude  by  the  treaWundev 
difcuiiion,  iit  fiivour  of  Gfeat  BrHain,  and  injurious  to  Frapce, 
How  far  there  exifts  a  powter  to  define  piracy,  ^  treaty^  will  bo 
remarked  ip  delinea^g  another  feature  of  Mr.  Jay's  dijdomatic  off- 

ffring. 

i^g.)  Qrtat  JfrkftM  hat  dozily  i^e^d%  hy  ohtmnit^  In  ourfortji,  ait 
um  for  her  Jbip»  of  wWf  privateers ^  pnKes,  ^(,  ^^ufatihg  for  atji 
exclttJ«H  of  thoft  of  her  tnemkt*  other  (It  is  admtted).  than  Frgmcep. 
The  twenty-fourth  and  twenty-fifth  articles  of  the  proje^^ed  trcatVt 
are  nearly  copied  from  the  fubfifting  treaty  with  France.  It  wouki 
be  cwiou^f  how«Ter»  to  reflect  on  tJie  very  diUfreot  raotivM,  which 
muft  juftify  (if  tjie  id^  of  M^fication  conhiy  in  the  late  inftaacc,  be 
at  all  admiffible)  theie  aaaJogous  gruats*  The  com:eiEon  to  France 
was  made  nuhen  «v  'mtre  ai  war,  atuljit  nuas  u^;  it  was  SKule  upon 
a  certainty  of  reciproeai  advante^e;  and  it  was  madf  0*  a  price  ias 
obtaining  the  ;ud  of  that  gallant  natiimt  in  the  etlab(iihment  of  our 
independence.  The  cooce0io»  is  made  to  Qreat  Britsun  whettjke  k 
at  war,  and  woe  are  not  f ■— without  any  rational  frofpeiS  of,  dimtUng 
any  i-aiproeal  advantage  from  it;  and  under  fuch  circunmaacee  of 
injury  and  infult*  as  might  have  admonifhed  us  t«  referve  it  at  thi 
price  for  obtdtmg  cM  from  other  nations,  in  reding  her  hoMBties,  in- 
dead  of  paying  it  for  imiles  without  afiedtion,  and  proraii^  without 
Oncerity.  When  we  were  making  treaties  with  Holland*  Pruffia^ 
&c.  did  we  not  exprefsly  exclude  them  from  fueh  important*  and« 
as  we  have  already  fertouily  enperieneed,  fuch  dangeroua  nriviJegftft  } 
But  it  will  be  afked,  perhaps  what  mighty  benefit  has  Great,  Bri- 
tain gained*  in  this  cafe*  at  me  expence  of  France*  fince  the.  priof 
limilar  privileges  of  France  ar^  exclunve  ?  Anfwer: — ^That  as  th9 
privilege  of  Great  Britjan  will  operate  againft  every  other  nation*  is 
will  immediately  a^eft  the  French  republic's  alliance*  ofFenfive  and 
defenfive*  with  the  United  Provinces*  which  preceded  the  ratifica- 
tion, at  leall,  of  the  treaty:  and  it  may*  eventually*  liave  the  famo 
pernicious  influence  in  relation  to  Pruff  a*  Spain  and  P(H'tugal*  whofe 
difpofition  to  change  fides,  in  the  prefent  war*  has  been  unequivo- 
Qally  exprefled,  Thu8>  though  Holland  and  Pruffia  made  u^atiea 
with  us,  long  before  Great  Britain  would  admit  the  idea  of  a  nego- 
tiation* and  though  Spun  and  Portugal  are  the  only  cuUomers*  who 
furniih  us  with  dhe  ready  money  balance*  for  the  very  purpofe  of 
paying  our  annual  accumulation  of  debt  to  Britain*  the  harbours  of 
America  are  open  to  then  veiTels  as  prhus,  but  fliut  to  them  as 
friends :  They  may  be  brought  hither  and  fold  by  their  enemies : 
but  if  they  have  captured  their  enemy*  all*  but  common  neceflaries*, 
(hall  be  denied  to  them  I  The  habits*  bias*  and  opinions  of  a  people*, 
ought  not  to  be  altogether  difregarded  in  making  a  treaty.  \^^t 
honed,  feeling  American*  could  patiently  fee  an  Englilhman*  emr 
fnnfhine  ally,  bringing  into  our  ports*  as  prizes,  the  (hips  of  HolIand« 
Mr  ally  ii$  the  timet  that  tried  men^t  fkuis; — a  republic*  indii^o}ttbl|^ 


i 


4?> 


FEATURES  Or 


l''  'i 


I    ! 


I    i 


united  with  France)<~4hat  earlieft»  lateft,  beft  of  friends  i  Vfha£, 
honeft»  feeling  American,  even  iiibmitting  to  a  (bene  fo  painful, 
would  willingly  affift  in  expelling  froni  our  ports  the  (hips  of  Hollandi 
fobieb  had  merely  retaliate  Jt  by  the  ci^pture  of  their  foe  i 

3.  But  it  is  time  to  advert  to  t&e  efi/et  ofeolR/ion  between  the  two 
ueaties  ;  and  thefe  are  of  fuch  a  nature  as  to  produce  a  violation  of 
the  fpirit,  though  not  a  pofitive  violation  of  the  words,  of  thepre- 
vious  engagements,  that  fubfift  between  France  and  America — ^They 
are  eaufu  ofaffetuet  and  cla/b  in  the  highejl  degree. 
•  {1.)  :ty  the  ninth  article  of  the  treaty  nf  alliance  with  France^'  we 
guarantee  ''he  pojfeffions  of  that  nation  in  America.  It  is  true,  that  our 
iituation  ii  Juch  as  to  incapacitate,  and  of  courfe  to  excufe  us,  from 
a  i&rea  fulfilment  of  this  guarantee ;  but  it  is  equally  true,  that  we 
violate  our  faith,  whenever  we  do  any  thing  that  will,  either  dire^y 
or  indire^y,  endanger  thofe  poflefBons.  Query — Whether  facilitat- 
ing the  means  of  fupplying  the  Britiih  forces  in  the  Weft  Indies,  will 
not  be  the  effedt  of  the  arrangements  relative  to  the  trade  with  the 
Briti(h  iflands  ?  Query — ^Whether  reftraining  our  intercouHe  with 
the  French  iflands,  as  a  confequence  of  the  treaty  already  predicated, 
will  not  expofe  them  to  want,  and  of  cOurfe  to  the  neceility  of  yield- 
ing  to  their  enemies  ?  Does  not  every  fuch  advantage  given  to  Great 
Britain,  clq/h  with  our  engagements  to  France  ? 

(z.)  By  our  treaty  with  France,  and  indeed  with  feveral  other 
nations,  it  is  expreftlyjlipulatedf  that  free  vejfels  fliall  make  free  goodt. 
At  the  time  of  entering  into  the  ftipulation,  and  even  at  this  moment, 
the  maritime  ftrength  of  France  (always  fuperior  to  that  of  Denmark 
and  Sweden,  which  has,  under  fimilar  circumftances,  been  fuccefs- 
fill)  could  command  the  refpecSt  of  the  world  for  her  engagments. 
It  is  true,  America  neither  was,  nor  is,  in  a  fituation  to  produce  the 
fame  complaifance ;  and,  on  the  ground  of  that  weaknefs,  France 
hasj  hitherto,  candidly  difpenfed  with  a  Arid  performance  of  the 
treaty.  But  though  America  cannot  enforce^  (he  ought  not  to  ahdn-^ 
don  her  engagements :  (he  may  fubmit  to  imperious  neceility,  but^ 
tannot  voluntarily  bring  into  quefiion  the  right  of  prote(fKng,  as  a  neutral 
power,  the  property  of  France ;  while  France  is  not  only  ready  and 
able  to  afford  her  property  the  (lipulatcd  protedlion,  but,  in  confor> 
mity  to  the  ftipulation,  adhially  allowt  the  property  of  Great  Britain 
to  pafs  frect  under  the  fanffton  of  the  American  flag.  When,  there- 
fore, the  treaty  with  Great  Britain  agrees^  that  within  two  years  after 
the  termination  of  the  exifting  war,  it  fball  he  diftuffed  **  whether  in 
any,  and  what  cafes,  neutral  vefTels  (hall  protea  enemies'  property" 
— does  it  not  clafh  with  our  previous  promife  to  France^  that  free  fhipt 
Jbidl  make  free  goods?  And  when  the  treaty  with  Great  Britain,  in 
£)rmal  and  explicit  terms,  further  agrees^  **  that  in  all  cafes  where 
veflels  (hall  be  captured  or  detained,  on  fufpicion  of  having  on  board  ■ 
enemies'  property,  &c.  the  part  which  belongs  to  the  enemy  Jball  be 
made  pri%e" — Is  not  this  an  evident  coHifion  with  our  previous  agree- 
ment with  France^  and  with  the  fecurity  which  Britiih  property  enjoys 
iq  epnfequen^e  of  it  ?  While  France  adheres  to  her  treaty,  by  p^^ 


M».  JAY'»  TREATY. 


»«* 


mitting  Briti/h  good*  to  be  protcded  by  American  bottoms,  is  it  ho* 
nefl,  honourable,  or  confident,  vOn  our  part,  to  enter  vohmtttrily  into 
m  emAaS  voith  the  enemies  of  France j  tot  permittiog  them  to  take 
French  goods  out  of  our  veiTels  l  We  may  not  be  able  to  prevent,  but 
ought  we  to  agree  to  the  proceeding  i  Let  the  qneftion  be  repeated 
•—Does  not  fuch  an  exfre/s  agreement  clafli  with  our  expreft,  as  well 
as  implied,  obligations  to  France  i 

(3.;  By  enumerating,  as  contraband  articles,  in  the  treaty  with 
Great  Britain,  certain  articles  which  are  declared  firee  in  the  treaty 
with  France,  we  may,  conMently  with  the  latter,  fupply  Great  Bri- 
tain  f  but,  eonfijiently  with  the  former,  we  cann^  fupply  France. 

Thus,  our  treaty  with  France  (and,  indeed,  erery  treaty  which  we 
have)  exprefsly  declares,  that,  "  in  general,  all  providons  which 
ferve  for  the  nourishment  of  mankind  and  fuftenance  of  life ;  further- 
more, all  kinds  of  cotton,  hemp,  flax,  tar,  pitch,  ropes,  cables,  fail 
cloths,  anchors  and  any  part  of  anchors,  alfo  (hips,  mafts,  planks, 
boards  and  beams  of  what  trees  foever ;  and  all  other  things  proper 
either  for  building,  or  repairing  fliips,  and  all  other  goods  what- 
ever, which  have  not  been  worked  into  the  form  of  any  inftrument 
for  war,  by  land  or  by  fea,  fhall  not  be  reputed  contraband** 

The  treaty  with  Great  Britain  exprefsly  declares,  "  that  timber 
for  (hip  building,  tar  or  rozin,  copper  in  flieets,  fails,  hemp  and 
cordage,  and  generally  whatever  may  ferve  diredly  to  the  equip- 
ment of  vefTels,  unwrought  iron,  and  fir  planks  only  excepted,  jhall 
be  objeSs  of  confifcation,  whenever  they  are  attempted  to  be  carried  to 
an  enemy.** 

Whether  this  flipulation  can'  be  conddered  as  founded  on  a  prin- 
ciple of  reciprocity,  fince  the  articles  declared  to  be  contraband  are 
among  our  principal  exports,  but  among  the  principal  imports  of  Great 
Britain,  might  luve  bieen  adverted  to,  in  tracing  a  former  feature  of 
the  treaty ;  but  let  it  be  now  candidly  anfwered,  whether  it  is  not 
in  collifton  with  our  previous  engagements  with  France  I  The  right 
to  make  fuch  a  ftipulation,  is  not,  at  prefent,  controverted;  but 
only  the  aflertion,  that  exercUing  the  right  does  not  clafb  in  any  degree 
with  the  terms  and  fpirit  of  the  French  treaty.  France  exempts 
thofe  important  materials  of  our  commerce  from  confifcation,  in  fa- 
vour of  all  the  world :  Great  Britain  condemns  them  to  confifcation, 
whenever  they  ihall  be  carried  to  her  enemies  ;  and  the  compa^  '\i 
made,  while  France  is  one  of  her  enemies ! ! 

VL  The  Treaty  with  Great  Britain  is  eakulated  to  injure  the  United 
States,  in  the  frientlfliip  and  favour  of  other  foreign  nations. 

I.  That  the  friendf^jp  and  favour  of  France  will  be  affedted  by 
the  formation  of  fo  heterogeneous  an  alliance  with  her  moft  implacable 
enemy,  cannot  be  doubted,  if  we  reafon  upon  any  fcale  applicable 
to  the  policy  of  nations,  or  the  paifions  of  man.  From  that  lepublic, 
therefore,  if  not  an  explicit  renunciation  of  all  connexion  with  th« 
United  Stat««,  we  mav  at  lea^ft  expedl  an  alj(cr^ti9|»  of  conduA :  ^d, 


;i    t 


1*4 


VtAtVkE^  OF 


ife 


It  I  ;',(j^5P^ 


i: 


fmdihg  the  foccds  which  has  flowed  from  the  holHle  trcaitnent  thul 
Great  Britain  has  (hewn  towards  us,  (he  may  be,  at  length,  tempted  to 
codeavour  at  eMtortlng  from  fiar,  what  (he  has  not  been  able  to  obtain 
/nm  i^fe&tm.  She  will,  probably,  declare  Great  Britain  in  a  ftate 
of  blockade,  for  th|i  purpofe  of  fcizing  our  veflels  in  Emx^  }  and 
file  may  inftitute  coorts  for  *<  legal  adjudication,"  in  order  to  taoSiR* 
cate  our  veflels  in  the  Weft  Indies.  Great  Britain  wiil  tint  ebuckU 
at  ike  Jeentt  No  one  can  doubt  that  our  embarrafments  will  gratify, 
aot  only  die  avowed  otneAs,  but  the  latent  refentments,  of  that 
,  nation*  Even  if  Ihe  could  oWterate  the  memory  of  our  revolution, 
(he  cannot,  with  pleafwe,  behold  the  fuccefsful  experiment  of  i 
f epiAlican  fyftem  of  government }  nor  the  fapid  advances  of  a  com- 
mercial competitor.  The  moment  (he  has  produced  a  quarrel  be-* 
tween  America  and  France,  flie  may  exclaim,  **  Delenda  eft  Car- 
tbt»o!**  America  is  uain  a  colony  1  How  diflfei;«nt  were  the  inte- 
refts  and  difpofitions  oTour  tried  friend !  t^at  our  government  (hould 
preferve  its  purity  and  indepeBdeBce-~4hat  our  commerce  and  agri- 
coltore  (hoiud  attain  their  zenith— Avere  views  once  congenial  with 
die  policy  and  affe^ons  of  the  French  nation :  Heart,  head,  and 
hand,  (he  would  have  joined  in  promoting  them,  againft  the  arti 
and  enmities  of  all  the  reft  of  the  world  I  What  a  change,  then,  have 
we  made ! 

^  Look  on  this  pi£hire,  and  on  that : 

**  The  counterfeit  prefentment  of  two  Albet! 

**  Who  would  on  this  fair  mountain  leave  to  foed, 

**  To  batten  on  that  moor !" 
a.  During  the  war,  we,  likewift,  formed  a  feafonaUe  and  fervTce- 
able  treaty  with  the  United  Netherlands  (  and,  (hortly  after  the  warr 
treaties  were  eftaMi(hed  with  Sweden,  Pruffia,  &c.  But  in  order  to 
avoid  even  the  abearance  ofelaflting  or  eottifiott  with  the  French  treaty, 
the  powers,  thus  eariy  in  courting  our  alliance,  were  not  allowed 
thofe  privileges  of  afylura  for  themfelves,  and  o(  excluding  their 
enemies  from  our  ports,  which  are  conceded  in  the  projeAed  treaty 
to  Great  Britain.  Have  thofe  nations  no  caufe  for  jealoufy  and 
feproach  I  What  principle  of  policy,  or  juftice,  can  vindicate  tho 
partiality  and  predile^on,  that  has  been  thus  (hown  i 

3.  But  the  projefted  treaty  (after  an  affected  recognition  of  pre- 
txiiUng  public  treaties)  declares,  that  while  Great  Britdn  and 
Ametira  continue  in  anxty,  no  future  treaty  (hall  be  made,  incon(ift- 
cnt  with  the  articles,  that  grant  the  high  and  dangerous  privileges, 
that  have  been  mentioned.  Every  nation  of  the  earth  (except 
France)  is  thus  facrificed  to  the  pride  and  intereft  of  Great  Britain. 
And  with  what  motive,  or  upon  what  confideratior-.  is  Uie  facriiice 
made  ?  It  has  been  ftated  in  a  former,  and  wiU  be  more  fully  (hewn 
in  a  future,  feature  of  Mr.  Jay's  treaty,  that  the  United  States  do 
not  enjoy  any  equivalent  for  this,  nor  for  any  other,  conCeiEon 
which  is  made  to  Great  Britain ;  But  the  mifchief  does  not  end 
with  the  foliy  of  a  lop-dded  bargain.  By  granting  thefe  exclufiv* 
privile(;es  to  Greftl  Britain,  by  declaring  that  no  commercial  favour 


« 


Mr.  JAY'.  TREATY. 


iiy 


(hall  be  conferred  on  other  natioDSt  without  her  participating  in  them, 
we  hare  thrown  away  the  fureft  means  of  purchaiing,  on  any  emer- 
gency»  the  good  will  and  good  offices  ot  any  other  power :  We 
cannot  even  improre  the  terms  of  our  old  treaty  with  France.  For 
all  the  advantages  of  trade  that  Spain,  Portugal,  Holland,  tec, 
might,  and  pro^ly  would,  upon  a  liberal  footing  of  reciprocity, 
have  given  us, — ^what  have  we  now  left,  to  offer  as  the  bafis  of  ne- 
gociation  and  compa^  i  t- 

4.  The  alteration  which  the  treaty  makes  in  the  relative  fknation 
of  ieveral  nations  with  America,  and  the  conduA,  that  is  likely  to 
be  porfued  by  thofe  nations,  in  order  to  counterafb ,  its  effedl,  merit 
ferious  reflection.  Will  Spain  fee  without  fome  foKcitude,  the  par- 
tition which  we  have  made  with  Great  Britain,  of  our  territory  on 
the  eaftem  bank  of  the  Miffiffipi  ?  How  would  our  projeAed  treaty 
work,  if  France  fliould  recover  Pondicherry,  kc.  in  die  Eaft  Indies  ; 
ihofild  fubdue  and  retain  the  Weft  India  ifiands  ;  ftiould  ftiputate 
with  Spain  fctf  the  ceffion  of  Louifiana ;  and  fhould  conquer  Nova 
Scotia  r  The  curious  conhn  with  which  we  have  allowed  Great 
Britain  to  circumvent  us  (and  of  which  more  will  be  faid  hereafter) 
being  thus  broken,  how  are  we  to  calculate  the  confequences  i 

5.  Confidering  the  Indians  as  a  foreign  nation,  is  not  the  treaty 
calculated  to  exalt  the  charaAer  of  Great  Britain,  and  to  depiociate 
the  charaAer  of  America,  throughout  the  favage  world  i  What  right 
has  Great  Britain  to  negociate  for  Indians,  within  the  limits  of  our 
jurifdidion  ?  Suppofe  the  exifting  weftem  pofts  furrendered,  may 
not  Great  Britain  eftablifh  other  pofts  in  a  contiguous  or  more  ad- 
vantageous ftation  i  Is  ftie  not  left  at  liberty  to  purfue  the  fiir  trade 
In  our  territory  as  well  as  her  own  ?  Will  not  her  enterprize  in  traffic, 
fuperior  capitiu  and  experience,  enable  her  to  motiopolize  that  trade  i 
And  will  ftie  not,  in  ftiture,  have  the  fame  motives,  and  the  fame 
means,  to  foment  Indian  hoftilities,  that  have'hitherto  been  indulged 
and  employed^  at  the  expenfe  of  fo  much  American  blood  and  trea- 
fure?  . 


i"' 


VII.  Tie  Treaty  with  Great  Briiatn  is  impoFftie  and permcioutf  in  re- 
J^3  to  the  domejiie  utter efis  and  happineft  of  the  United  States,     >  j; 

I.  If  it  Is  true,  and  incontrovertibly  it  is  true,  that  the  interefi  and 
happinefs  of  America,  confift  (as  our  patriotic  prefident,  in  his  letter 
to  Lord  Buchant  declares)  "  in  being  Kttle  heard  of  in  the  great 
**  world  of  politics  ;  in  having  nothing  to  do  in  the  political  intrigues, 
*•  or  the  fquabbles  of  European  nations  ;  but,  on  the  contrary,  in 
**  exchanging  commodities,  and  living  in  peace  and  amity  with  all  the 
*'  inhabitants  of  the  earth ;  and  in  doing  juftice  to,  and  in  receiving  it 
**  from,  every  power  we  are  conneded  with  ;"  it  is  is  likewife  mani- 
feft,  that  all  the  wifdom  and  energy  of  thofe  who  adminifter  our 
govemment,  fliould  be  conftantly  and  feduloufly  employed  to  prefer\'e, 
Or  to  attain,  for  the  United  States,  that  enviable  rank  among  na- 
tions.    To  refrain  from  fommg  hajy  and  une^al  alliances  ,•  to  let 


is6 


Features  of 


commetce  flow  in  Its  own  natural  channels  ;  to  afford  every  man» 
whether  alien  or  citizen,  a  remedy  for  every  wrong  ;  and  to  reiift, 
'  on  the  firft- appearance,  every  violation  of  our  national  rights  and 
-  independence,  are  the  means  beft  adapted  to  the  end  which  we  CQn- 
.templatct'  It  maybe  objected,  that  we  are  already  involved  in  fome  alli- 
ances, that  have  had  a  tendency  rather  to  deftroyour  public  tranquillity, 
than  to  promote  our  public  intereft.  But  a  difference  of  circumftan- 
ces  will  require  and  juflify  a  difference  of  condudt.  For  inflance— it 
was  neceffary  and  politic,  in  the  flate  of  our  affairs  at  the  commence- 
ment of  the  revolution,  to  pay  a  premium  for  the  friendfhip  and  alli- 
ance of  France :  we  could  not  have  infured  fuccefs  without  the  co- 
toperation  of  that  nation  :  and  as  the  price  that  we  paid  for  it  was  not 
greater  tlian  the  benefit  that  we  derived  from  it,  we  cannot  now,  with 
juflice,  cavil  at  our  bargun.  But  was  the  inducement  to  form  -^n  al- 
liance with  Great  Britain,  of  a  nature  equally  momentous  ?  *'^  the 
advantage  flowing  from  the  facrifices  that  are  made,  equally  codi^n- 
fatoryi  Why  fhould  we,  at  this  aufpicious  feafon  of  our  affaitv,  ven- 
ture to  undermine  the  fundamental  maxim  of  our  domeflic  happinefs, 
by  'wilfully  cbtnuling  on  the  great  world  ofpoUiictt  or  wantonly  involv- 
ing ourfehet  in  the  political  intrigues  ana  the  fquabbUt  ofEuropen  nd- 
iiont  ?  Suppofe  (as  it  is  often  alleged  and  fometimes  proved)  that 
our  treaty  with  France  is  produAive  of  inconveniences ;  will  it  bap- 
pen  in  the  political,  any  more  than  in  the  phyfical  or  moral  world, 
that  by  multiplying  the  fources  of  evil,  we  fhall  get  rid  of  the  evil  it- 
felf  ?  If,  according  to  the  quondam  opinion  of  the  friends  of  a  Britifli 
alliance,  our  commerce  has  been  reftrained  in  its  operations ;  or  if 
our  government  has  been  menaced  in  its  peace  and  ftability,  by  a 
praAical  developement  of  the  terms  of  our  treaty  with  France,  fhall , 
we  better  our  fltuation,  becaufe  we  make  another  treaty  upon  the  fame 
terms  with  Great  Britain  ;  and  fumifh  two  nations,  inflead  of  one^ 
with  an  opportunity  to  perplex  and  diflrefs  us  in  purfuing  our  natural 
and  laudable  policy— ^i&tf  policy  of  exchanging  commodities^  and  living 
in  peace  and  amity  with  all  the  inhabitants  of  we  earth  ;  doing  juftice  tOy 
and  in  receiving  itfrom^  every  power  we  are  conneBed  with  ! 

2.  But  even  if  the  queftion  was  at  large,  and  we  were  now  under 
a  nec^ity  of  deciding,  for  the  firft  time,  whether  we  would  be  allied 
to  the  monarchy  of  Great  Britain,  or  to  the  republic  of  France,  how 
would  a  rational  eflimate  of  the  interefis  and  happinefs  of  the  United 
States  (the  true  and  only  touchstone  for  fblviog,  in  the  mind  of  an  Ame- 
rican^ fuch  an  enquiry)  lead  us  to  decide  ?  To  thofc  members  of  the 
fenate^  who  could  regard  the  twelfth  article  of  tho  treaty  as  a  mark  of 
parental  care  and  wfdom^  by  which  Great  Britain  was  fondly  dejirous 
of  rjiflraining  the  exceffes  of  our  commercial  ardour  ;  excejfes  that  might 
eventually  and  prematurely  debilitate  anddejlroy  us  !  To  thoft  members 
of  the  fenate,  who  could,  with  filial  gratitude,  declare,  that  an  alli>- 
unce  with  Great  Britain  was  natural }  that  an  alliance  with  France 
was  artificial-}  finccy  although  we  -were  partially  indebted  to  France  for 
Pur  independence,  we  were  entirely  indebted  to  Great  Britain  for  our 
being  t    To  all  who  can  ch«rifh  fuch  ideas,  or  utter  fuch  language, 


M*.  JAY't  TREATY. 


««7 


rcry  man, 
to  refift. 
ights  and 
I  we  cpn- 
fome  alli- 
mquilUty, 
ircumftan- 
Hance — it 
aramence- 
)  and  alU- 
ut  the  co- 
t  was  not 
now,  with 
jrm  «n  al- 
i   -fethc 
^codi|ffn- 
fl^un«  ven- 
happtnefs, 
tily  iuvoh- 
'uropen  ttd- 
>ved)  that 
vill  it  bap- 
iral  world, 
the  evil  it- 
jfaBritifli 
ions ;  or  it' 
ility,  by  a 
ance,  fhall , 
>on  the/ame 
:ad  of  onet 
our  natural 
and  living 

\gjuftice  tOf 

f 

now  untfer 
Id  be  allied 
ance,  how 
the  United 
'  of  an  yfme- 
mbers  of  the 
u  a  mart  of 
]dly  defirous 

that  might 
\ofe  memhen 
'hat  an  aUt>- 
vith  France 
1  France  for 
'ain  for  our 
h  language, 


thele  ftriAure8*'will  be  ungracious  and  unprofitable  :  but  they  clair  ■* 
candid  attention  from  the  patriott  who  remembers,  that  when  . 
parent  fought  to  deftroy,  the  friend  interpofed  to  fave ;  and  from  the 
JIalefmant  who  pofTefTes  too  much  wifdom  to  be  influenced  by  preju* 
dice,  and  too  much  fortitude  to  be  controuled  by  fear. 

Arc  the  interest  and  happinefr  of  the  United  States  involved  in  the 
pernuHient  eftablinimcnt  of  a  republican  government  i  Yes :-— Then 
Ihe  ought  rather  to  cultivate  the  friendlhip  of  a  republic,  adluated  by 
a  fellow  feeling,  than  the  alliance  of  a  monarchy  imprefled  with  jea- 
loufy  and  apprehenfion.  Are  the  intere^  and  hatpineft  of  the  United 
States  conneifled  with  her  territorial  and  political  independence?  Yes : 
— ^Then  (he  ought  rather  to  fortify  herfelf  by  an  alliance  with  a  na- 
tion, whofe  territorial  jurifdiflion,  and  phyhcal  charaJleriftics,  pre- 
clude the  pofEbility  of  colliflon  ;  than  attach  herfelf  to  a  nation  whofe 
langiiage,  manners  and  habits,  facilitate  the  execution  of  every  at- 
<  tempt  to  encroach  ;  and  who(e  territorial  poiTellions  are  in  an  irritat- 
ing and  dangerous  contact  with  our  own.  Are  the  intereji  and  haP' 
pineft  of  America  to  be  promoted  by  an  adlive  employment  of  the  va(l 
ftore  of  materials  ofthejirfi  mrg^^,  which  nature  has  beiiowed  on  her ; 
by  theextenfion  of  her  commerce  ;  and  by  the  freedom  of  her  navi- 
gation ?  Yes : — ^Then  (he  ought  rather  to  court  the  countenance  and 
protection  of  a  nation,  whoie  occations  of  envy  are  comparatively 
few ; — whofe  temptations  arc  to  fofler,  not  to  counteract,  our 
fchemes  of  commercial  opulence  and  cnterprife  ; — and  whofe  impe- 
rial glory  and  exigence  do  not  depend  upon  a  claim  of  univerfal  ma- 
ritime fuperiority  ; — ^rather  than  confent  to  bade  beneath  the  baneful 
(hade  of  an  alliance  with  a  nation,  whofe  very  exigence  is,  proba- 
bly, the  tremendous  (take  in  oppo(ition  to  our  profperity :  and  whofe 
embraces,  like  the  embraces  of  the  tyrant's  image,  may  be  rendered 
the  moft  effeiftual  inftruments  of  torture  and  deftruftion.  Are  the 
intereji  and  happinefs  of  the  United  States  depeivlant  on  the  cordiality 
of  their  union,  and  the  permanency  of  their  government  ?  And 
again — Do  that  cordiality  and  that  permanency,  depend  upon  the 
con(idence  and  mutual  good  underflanding,  which  fubfift  between 
the  people  who  formed  the  government,  and  the  ofHcers  whom  the 
people  have  appointed  to  adminifter  it  ?  Yes  : — ^Then  it  would  be 
the  part  of  duty,  as  well  as  policy,  in  thofe  officers  to  fcXXovf  the  una- 
nimousfentiment  of  the  people,  by  preferring  a  liberal  and  faithful  alliance 
with  France,  to  a  con(traioed  and  hypocritical  alliance  with  Great 
Britain. 

3.  The  firft  ftriking  e(FeCt  of  the  treaty,  to  endanger  the  intereji j, 
and  dyiurb  the  happinefs  of  tlie  United  States,  may  be  deteded  by  a 
geographical  (ketch  of  the  cordon,  or  line  of  circumvallation,  with 
which  it  enables  Great  Britain  to  fetter  and  enclofe  us.  The  proximity 
of  Canada  and  the  weftern  pofts,  has  heretofore  been  a  caiife  of  great 
imeafinefs  ;  but  that  is  a  trifling  Iburce  of  vexation,  compared  with 
what  we  (hall  have  in  future  to  encounter.  Suppofe  ten  thoufand  radii 
were  drawn  diverging  from  the  centre  of  the  United  States  ;  not  one 
of  them  could  efcape  the  conventional  circle  of  Britidi  territory. 


'  i 


I      t| 


ii8 


FEATURES  OF 


rm^m 


':u.i 


jurifdiAion  and  occupancy*  Has  an  American  oceafion  to  traTd  to 
the  eaft  or  the  north  i  The  barriert  of  Nova  Seotunml  Canada  pre* 
fent  themfelves.  Is  it  his  wiflt  to  penetrate  the  great  weftern  wilder* 
nefs  i  A  neiu  fet  of  Britj/b  po/ls  will  intercept  bis  propefst  ercn  if 
he  {hall  be  allowed  peaceably  to  pafs  the  Briti/b  colony  within  the  pre- 
cinds  and  jurifdidtion  of  Detroit.  Does  bufinefs  require  him  to  crofs» 
or  float  down,  the  MiiHlfippi  ?  He  may  evade  the  Tigilance  of  the 
Spaniard,  but  he  will  find  the  eaftern  bank  of  the  river  monqmlized 
by  Britilh  traders,  and  probably  protected  by  Britifh  gun-boats.  He 
is  in  hopes,  however,  to  avoid  all  diAculty  by  a  paflage  on  the 
ocean  ?  Alas !  our  Atlantic  harbours  are  crowded  with  prizes  to 
Britifh  privateers,  and  our  Tea  coafl  is  lined  with  Britifh  cruifers  1 
Yet,  let  us  for  a  moment  imagine,  that  this  ill  &ted  traveller  has 
furmounted  his  domefitc  obflacks,  whither  can  he  fly,  to  be  emanci* 
pated  from  the  foreign-  jurifdicEtion  of  Great  Britain  ?  In  the  Weil 
Indies,  his  cock  boat  is  meafured  and  fteered,  according  tc  the  fcale 
and  courfe  prefcribed  by  the  treaty.  In  the  Eafl  Indies  he  'ran  hardly 
exchange  a  commodity,  or  make  a  fingle  acquaintance,  viithout  the 
Britifh  licenfe.  In  Europe,  if,  during  a  Britifh  war,  he  carries 
goods  belonging  to  an  enemy  of  Great  Britain,  they  will  be  feized 
as  prize;  if  he  takes  fhip-timber,  tar,  rozin,  &c  they  are  liable  to 
be  confifcated  as  contraband ;  and  if  his  cargo  confifls  ^  proviflonsy 
the  Britifh  may  take  it,  by  treaty^  at  tieir  own  market  price  J 

One  idea  more  about  the  boundary  of  the  United  States.  Before 
the  revoludon,  Great  Britain  had  proje&ed  that  general  arrangement 
jind  divifion  of  her  colonial  pofTefBons  ir.  America,  which  fhe  has 
flnce,  upon  a  fmaller  fcale,  carried  into  exi^cution  witJi  refpe£l  to  Ca- 
nada. The  territory  then  intended  to  be  allotted  to  the  government 
of  the  Canadas,  was  extended  by  a  line  running  along  the  northern 
boundaries  of  the  eaftern  colonies,  along  the  weflern  boundary  of 
Pennfylvania,  and  along  the  courfes  of  the  Ohio,  into  the  MifEfEppi. 
Since  we  are  left  at  a  lofs  for  a  pofitive  definition  of  theprecinBt  and 
jurifdidion  of  tie  tveftem  pofttt  as  ceded  by  the  treaty  to  tbefettlert  tm- 
der  Britj/b  titlet,  may  we  not  conje£hire,  that  Great  Britain  contem- 
plates the  territori^  extent  of  her  original  projeA  ?  Does  not  major 
Campbell's  unexpeAed  pretenfion,  and  the  conflant  claim  of  the  In- 
dians, at  the  irrigation  of  the  Brii't/bt  to  eflablifh  the  Ohio  as  a  boun- 
dary between  them  and  Uie  United  States,  give  fome  countenance  to 
fuch  a  conjedure  I 

4.  But  fhould  an  American,  not  flimulated  by  the  defire  of  tra- 
velling into  foreign  countries,  be  content  to  profecute  the  obje^s  of 
his  honefl  induftry  within  the  Britifh  territorial  circle,  bounding  and 
conflituting  his  own  honUf  will  his  condition  be  much  better  than  the 
condition  of  his  itinerant  fellow  citizen  ?  What  with  the  eflablifh- 
ment  of  Britifh  colonies  and  Britifh  ware-houies  ;  the  naturalization 
■of  Britifh  land-holders ;  and,  in  fhort,  the  unqualified  admiffion  of 
Englifhmen,  owing  allegiance  to  the  Britifh  crown,  throughout  our 
lakes,  rivers  and  territory,  while  we  are  excluded  from  their  fea-ports, 
company-lands,  6cc.  &c.  an  American  will  hardly  be  able  to  find  elf 


M».  JAY»«  TREATY. 


tn 


tenance  to 


bow-room  for  Umfelf  and  family.  Their  pecuniary  capkil  being 
larger  I  their  meant  being  eafier ;  their  experience  being  greater,.-* 
they  muft,  inevitably,  under  fuch  circumftanoesi  become  oiir  mer* 
chants,  manufaAuren,  farmers,  ftc.  tec.  They  will  import  tat  us, 
M  tidr  veJfUt  all  the  ncodoAs  and  &brics  of  Europe,  Afia  and  Africa 
— ^They  will  export  for  us,  m  tbm-  vejeltt  rrery  article  that  oar  foil 
can  furniih  ;  our  merchaau  will  dwindle  into  clerks ;  our  huflmnd- 
men  will  degenerate  into  the  condition  of  the  feudal  villienage  ;  and 
thus,  in  a  (hort  courfe  of  years,  America  will  frtitUy  exMit  the 
afiomJbingJ^aacUofe  cmtntn  pojeffedtculfmtatedtand mgofed  iy  afutut 
The  ancient  inhabUants  of  Great  Briuin,  in  a  ilmilar  maimer,  invited 
thofe  Saxons  to  their  ifland  as  friendt  and  alSet,  who  foon  after*- 
wards  became  their  etmqueror*  andmafiert. 

5.  In  fuch  a  ftate  of  things,  the  tnttrejl  and  hapfinefi  of  the  United 
Sutes  muft  languifli  and  expire !  At  firft  the  American  mind  will  be 
corroded,  by  contrafling  the  elevation  of  the  gutjl  with  the  deprcffion 
of  the  hofi,    A  ftruggle  will  probably  enfue ;   but  the  influence  of 
wealth,  and  the  patronage  of  extenfive  commercial  and  manoiadural 
inftitutions,  &c.  vuill  even  divide  the  Americani  themfelva  ;    and,  h 
dividing,  capaciute  the  Britifli  fettlers  to  rule  them.     Is  this  an  icw 
phantom — a  vifionary  fuggeftion  i  No  !  For,  is  not  a  great  part  of 
our  trade,  at  this  moment,  monopoHfed  by  Britilh  fubje^  under 
the  ma^  of  American  citizenfhip  ?  Has  not  the  influence  of  ^tifli 
credits,  and  Britiih  politics  already  formed  a  coofiderable  parw  in 
oar  government,  and  among  our  merchants  i  Diiguife  it  as  you  will— 1 
let  pride  deny,  and  fliame  fupprefs  the  fentiment — ftill,  it  is  too  evi- 
dent to  every  candid  and  difcerning  obferver,  that  the  only  fubfifting 
difference  in  the  opinions  and  condudt  of  the  citizens  of  America, 
tirifes  from  this  fatal  caufe.     Why,  at  the  moment  of  reprobating 
felf-created  focieties  for  civil  purpofet,  do  we  gladly  fee  the  formation 
oi felf-crealed  focietiis  for  military  purpofes ;  the  city  cohorts  and  Prae- 
torian bands?    Why  are  our  merchants,  who  io   anxioufly  called 
forth  the  voice  of  their  fellow  citizens  in  applauding  the  proclama- 
tion of  neutrality,  fo  circumfpeft  and  fo  torpid  in  giving  their  tefti-> 
mony  about  the  treaty  ?    How  comes  it,  that  amidft  the  acclama- 
tions of  the  4th  of  July,  the  treaty  is  toafled  in  the  little  circle  of 
EngliOi  manufadiurers,  on  the  banks- of  the  PalTayik  ;  and  at  the 
convivial  tables  of  the  Englifh  emigrants  on  the  plains  of  the  Ge- 
nefee  ?  How  comes  it  that  every  man  who  prefers  France  to  Grea^ 
Britain — republicanifm  to  monarchy, — is  denominated  Antifederaltft, 
Jacabin,  Diforganifety  Mifcreant,  &c;  while  men   of  another  hu- 
mour arrogantly   and  exclufively  afllime  the  titles   of  FcderaVtfts, 
Friends  to  order,  &c.  kc.  ?     But  let  every  honefl  American  refleft 
ferioufly  and  feafonably,  upon  the  means  of  promoting  the  interefl  and 
happinefs  of  the  United  States,  and  he  will  difdain,  as  well  as  dread, 
to  augment,  by  the  adventitious  force   of  treaties,  that  paramount 
intereft^,  which  Great  Britain  has  already  infidioufly  acquired  in  our 
commerce,  navigation,  manufa«Stures,  territory,  and  govcrcmdnt. 


.il 


i:l 


i  :  ^  i, 


»■-■; 


130 


FEATURES  OF 


■I  '.li 


6.  Befides  the  injurv  eventually  to  be  apprehended  from  thefe 
cauTes*  tlie  treaty  is  calculated  to  impair  tht  initrefi  and  hoppinif*  of 
the  United  Sutet»  by  producing  an  immediate  and  violent  concvdEoa 
in  the  federal  atmofphere.     For, 

It  ranfacks  the  archives  of  our  revolutionary  tranfaAioni )  and  re< 
judges  the  folemn  judgments  of  our  courts  of  juftice* 

It  condemns  individuals  to  the  payment  of  debts,  from  which  they 
had  previouily  been  difcharged  by  law. 

It  makes  the  government  of  the  union  refponfible  fur  the  contrails 
of  private  citizens,  and  the  defalcations  of  bankrupts. 

It  difregards  the  freedom  of  our  commerce  and  navigation :  and 
it  rellrains  the  ufe  of  our  ftaple  commodities. 

It  does  not  exadl  a  juft  indemnification  for  the  detention  of  the 
wettern  pods. 

It  does  not  require  the  payment,  ftipulated  by  the  preceding  treaty, 
for  the  value  ot  the  negroes  carried  ofF  at  the  clofe  of  the  war. 

It  does  mU  provide  for  the  freedom  and  fafety  of  our  feamen,  in 
their  intercourfe  with  the  Brittfh  dominions. 

Let  any  one  of  thefe  propofitiuns  be  feparately  analyfcd,  and  fuffi* 
cient  cauie  Mrill  be  found  to  excite  and  juiHfy  popular  diflatisfadlion  ; 
but  view  them  combined,  and  the  mind  is  (hocked  with  an  apprehen- 
(ion,  that  the  ratijual'nn  of  the  treaty ^  may  be  the  deatb-nuarraia  of  the 
union/  V 

VIII.  Tie  Brlti/h  Treaty  and  the  Conjlttution  of  the  United  Statet  are 
at  war  with  each  other. 


I.  Self-prefervation  is  the  firft  law  of  fociety,  as  well  as  of  indivi- 
duals :  It  is  the  radical  principle  of  all  political  compacts.  Nations 
(fays  Vattel)  are  bound  to  guard  their  own  prefervaliont  and  to  purfue 
their  own  perfeSion.  We  have  inceflant  opportunities,  indeed,  of 
obferving  the  operation  of  this  univerfal  rule ;  in  animals  of  inftinSt 
as  well  as  in  animals  of  reafon  ;  in  the  world  of  things^  as  well  as  in 
the  world  of  beings. 

3.  Self-prefervation,  however,  is  a  relative  idea:  it  relates  to 
the  nature  of  the  animal ;  to  the  conftitution  of  the  fociety.  A  man 
may  lofe  his  human  charaffer,  without  deftroying  his  vital  exi/ience  ; 
and  a  government  may  be  changed  in  iit  effence^  without  being  fub- 
verted  in  itsfornu. 

3.  So,  likewife,  without  open  aflault  or  pofitive  violence,  the 
fources  of  animal  life  may  be  poifoned,  by  the  imperceptible  conta- 
minations of  a  luxurious  habit :  fo,  without  the  aid  of  terror  or  force, 
the  legitimate  foundations  of  government  may  be  undermined,  by  the 
infidious  encroachment  of  the  rulers,  and  by  the  fedative  acquiefcence 
pf  the  people.  G6vemroents,  indeed,  have  too  generally  proved  to 
\x.  a  kind  oi political  chryfalis^  paffing,  by  progreffive  tranfmutations, 
from  the  grd>  of  ptpe  democracy,  to  the  butterfly  of  abfolute  mo- 
oarcby.  'k'^  y..-  -■  '-i^::  r    -.x-.' ■■-        —>-^ 'jvs *>;>•:■  ■,      ..5',,,'.* m..  v^-:- 


Mr.  JAY'8  treaty. 


«3i 


4.  But  it  will  not  ytt  be  denied  in  Americat  that  u  the  peode 
have  the  foie  right  to  conllitute  their  government,  the  rule  of  fdf' 
frefervaiion  requires  that  the  government  (hould  be  maintained,  tn 
practice  as  well  as  in  theory,  Juch  at  they  have  conftituitd  ii.  To 
render  it,  by  any  conftrudlion  of  the  written  articin  of  our  focial 
compaA,  oil  r  than  a  rtpuilican  gevemmtntt  would  be  ai  fatal  a  fub' 
Veruon,  a>  daring  ufurpation,  or  military  conqueft,  could  atchieve. 
For,  what  real  difference  does  it  make  to  a  nation,  whether  its  con- 
ftitution  is  /ei*ed  upon  by  an  enterprizing  individual,  u  in  the  Swe- 
diih  revolution  of  1770 ;  or  overthrown  by  a  triumphant  warrior,  as 
in  the  recent  extinAion  of  the  Polifli  monarchy ;  or  voted  out  o/doort, 
as  in  the  diforganizing  edidls  of  the  long  parliament  of  England  i 
Thus,  lilcewife,  for  one  department  of  the  government  to  aflume  the 
authoritv  of  another  ;  or,  by  conftrudlive  amplifications  of  its  own 
jurifdidhon,  fo  to  monopolize  the  attributes  of  sovemment,  as  to 
rendei:<the  other  departments  ufelefs  and  inefficient,  muA  ever  be 
deemed  an  efTcAual  fubveriion  of  any  conftitution.  The  mode  of 
diftributing  and  organizing  the  powers  of  government,  as  well  as  the 
conflderation  of  the  nature  and  extent  of  the  powers  to  be  delegated, 
efTentially  belongs  to  the  people ;  and  in  the  body  politic,  as  well  as 
in  the  body  natural,  whenever  any  particular  member  abforbs  more 
than  its  allotted  portion  of  the  aliment,  that  is  defUned  to  vivify  and 
invigorate  the  whole,  debility  and  difeafe  will  infallibly  enfue.  Af- 
ter the  emperors  had  ufurped  the  funAions,  privileges  and  powers  of 
the  fenate,  and  of  the  popular  magidrates  of  Rome,  they  preferred 
the  formalities  of  the  commonwealth,  but  they  trampled  on  the  liber- 
ties of  the  people.  Though  the  parliaments  of  France  had  long  been 
deprived  of  every  deliberative  faculty,  as  the  reprefentatives  of  the 
people,  they  were  fummoned  to  the  lad,  as  the  miniflerial  officers  of 
the  monarch,  for  the  purpofe  of  regidering  his  edidts. 

5.  The  government  of  the  United  States,  being  then  theoretically 
a  republican  governtnenty  and  widi  great  propriety  denominated  a  go^ 
vernment  of  departmenttj  let  us  proceed  to  examine  how  far  the  prin' 
oiplet  of  felf-pre/ervationt  and  the  duty  of  purfu'mg  the  per/eSion  of 
our  political  fyflem,  are  involved  in  the  ratification  of  the  projedled 
treaty  with  Great  Britain. 

The  fecond  fedion  of  the  fecond  article  of  the  conftitution  fays, 
that,  '*  The  Prefident  fhall  have  power,  by  and  with  the  advice  and 
confent  of  the  fenate,  to  make  treaties,  provided  two>thirds  of  the  fe- 
nators  prefent  concur." 

To  the  exercife  of  this  power  no  immediate  qualification,  or 
refbidion,  is  attached  :  but  muil  we  therefore  luppofe  that  the  jurif- 
didlion  of  the  Prefident  and  fenate,  like  the  jurifdidlion  afcribcd  to 
the  Britifh  parliament,  is  omnipotent  ?  To  place  the  authority  of  our 
Prefident  and  fenate  on  the  fame  footing  with  the  prerogative  of  the 
king  of  Great  Britain,  will  not  be  commenfurate  with  the  objedls  to 
which  the  treaty  extends.  It  m»ft  be  remembered,  that  the  treaty 
of  peace,  by  which  the  rights  of  fovereignty  and  foil  were  ceded  by 
the  king  of  Great  Britain  to   tlie   United  States,  was    oegociatcd 


fe'ii  I 


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'.    FEATURES  OF  ? 


i'->. 


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r*-- 

•'«t 

t*. 

•» 

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"l 

and  ratified  under  the  pofitive  fan  Aion  of  an  a6l  of  parliament :  And 
it  is  exprefsly  ftated  in  Fattel^  that  the  king  of  Great  Britain  cannot, 
by  treaty f  confer  the  rights  of  citizenship  on  an  alien.  B.  i.  c.  19. 
f.  214.  Now,  Mr.  Jay's  treaty  does  both  thefe  things  (as  will  be 
hereafter  demonftrated)  without  the  intervention  of  the  legiflative  au- 
thority of  the  union. 

.  6.  The  confequence  of  admitting  this  nnqualified  claim  to  omni- 
potence, in  tranfadling  the  bufinefs  of  the  nation,  would  be  fo  hoftile 
to  the  principle  and  prefervation  of  our  government,  that  it  is  an 
iadifpeBfable  duty  (obfia  prmeipiuj  to  controvert  and  refift  it. 
Wlienever  the  Prcfident  and  two-thirds  of  the  Senate  fhall  be  defi- 
rous  to  counterad  the  conduct  of  the  houfe  of  reprefentatives ; 
whenever  they  may  wiih  to  enforce  a  particular  point  of  legiflation ; 
or  whenever  they  (hall  be  dilpofed  to  circumfcribe  the  power  of  a 
fucceeding  Congrefs  ;  a  treaty  with  a  foreign  nation,  nay,  a  talk  with 
a  fav^e  tribe,  affords  the  ready  and  efTedhial  infh-ument  for  accom- 
plifhing  their  views  ;  (ince  the  treaty  or  the  talk  will  conftitnte  the 
fttprcme  law  of  the  land.  That  /tub  tbingt  may  bafpeuy  let  the  hii^ 
tory  of  Mr.  Jay's  miiKon  and  negociation  teilify. 

7.  If  the  extraordinary  treaty'tnak'mg  power  is  paramount  to  the 
ordinary  Ugiflatiwe  ^«(;«r--4upercedes  its  exercife — and  embraces  all 
its  otjedts ;  let  us  endeavour  to  trace  whither  the  propoGtion  will 
carry  us. 

The  fifth  article  of  the  conftitution  vefts  a  power  in  two-thirds  of 
both  houfes  of  Congrefs,  to  propofe  amendments  to  the  conjiitution. 

Let  us  fuppofe  that  a  defeat  in  our  judiciary,  or  in  any  other  depart- 
ment, operated  injurioufly  to  a  foreign  nation,— could  the  Senate* 
and  Preiident,  uniting  with  that  foreign  nation,  and  excluding  the 
houfe  of  reprefentatives /ro/o/r  a«  amendment  upon  the  fubjea?  If 
they  could  by  thefe  means  originate^  might  they  not  by  other  means 
^eSuatct  alterations  in  the  fundamental  points  of  our  government ; 
and  make,  in  fa<^,  a  new  conflitution  for  us  ? 

By  the  eighth  feAion  of  the  firft  article,  Congrefs  is  empowered  to 
iorrow  money  on  the  credit  of  the  United  States. 

Suppofe  it  was  de'^med  expedient  to  fubfidize  Portugal,  iuftead  of 
building  frigates,  to  keep  the  Algerines  within  the  ftreights  of  the 
Mediterranean  : — Could  two-thirds  of  the  Senate  and  the  Prefident, 
either  borrow,  or  guarantee  a  loan  for  that  purpofe  iy  treaty  ? 

The  fame  fedtion  empowers  Congrefs  to  eftablifh  uniform  laws  oa 
the  fubjea  of  bankruptcies, 

Suppofe  Great  Britain  had  remarked,  that,  as  her  fubjeAs  were 
conf^antly  the  creditors  of  the  citizens  of  the  United  States,  fhe  was 
deeply  interefled  in  our  fyflem  of  bankrupt  laws : — Had  the  Prefi- 
dent and  two-thirds  of  the  Senate,  a  right  to  incorporate  fuch  a  fyf- 
tem  with  the  projefted  treaty  ? 

The  fame  leftion  empowers  Congrefs  to  coin  money^  to  regulate  the 
tdue  thereof,  and  of  foreign  coint  and  fix  the  flandardt  of  weights 
mud  meafures* 


i 


::  And 

cannot, 

c.  19. 


Mil.  JAY'S  TREATY. 


•«3^ 


9oip^k  the  Birminglntm  mandfe^iirer^  ofl^red,  on  a  cheatp  filani 
%6  Tofiply  tts  with  coin  ?  ^uppofft  Great  Britain  wert  pleafed  to  infift 
^{k)n  oiir  rei^iving  her  gtiineus  at  the^r  Engltih  Vahie,  and  upon  oiir 
^romifing  not  to  ntreat,  defade,  or  dip  them,  ticcording  to  the  cur- 
Tent  pratdlice  df  £he  union  ?  Suppofe  Fi^ticie  #ere  ddnrous  that  Ve 
^oold  adopt  the  f^ciiol  projeift  of  that  republic,  reipefting  heights 
«hti  niiafur^s  P'-^Cbold  tdl,  or  -any,  of  thefe  ^tt'Opoilltidns  bis  acceded 
to  and  eAkbHflied  ty  treaty  ? 

The  ninth  fe^on  of  the  faAxe  article  declare  *'  that  the  migration 
^r  importsition  of  fuch  perfohs  as  the  ftates  how  exifting  ihall  think 
proiper  to  admit,  (hall  not  be  prohibited  by  the  Congrcfs  prior  to  thte 
yeiir^^htieen  hundred  and  eight." 

Suppofe  Mr.  Wilberforce  had  negociated  on  the  part  of  Grea!t 
Britain,  inftead  of  Lord  Grenville,  and  had  made  the  prohibitioh 
of  the  impdriation  of  flares  into  the  United  States,  in  the  yeir  eigh- 
teen hundred  and  eight,  ^n«  qua  nbn: — ^Could  the  Prefident  and 
two-thirds  of  the  Senate  admit  atid  legitimife  the  ftipulatidn  3jr  treaty  f 

By  the  conftitution,  Congreft  has  ^e  power  to  conftitute  tribunals 
inferior  to  the  fupreme  court. 

Sbppdfe  'Gre^t  Britain  defired,  for  the  future,  as  well  as  for  the 
=paft,  to  eftablifh  a  tribunal  of  her  own  judges  in  America,  for  de- 
ciding cdntroverfies  between  Britifh  fubjeft?  ahd  American  citizens : 
-— ^ould  this  be  accompliflied  through  tlie  medium  of  a  treaty  ? 

By  the  doniHtatidn,  Congreft  is  endowed  with  the  power  df  de- 
tlaritrg  war. 

Supipofe  Lord  Grenviile  had  inflfted,  and  Mr.  Jay  had  itj^roved, 
i!hat  the  treaty  (honld  be  an  ofFenfive  atnd  defenfive  atliahce  ;  dnd, 
that  We  fliould  forthwith  join  Great  Britaih  in  her  hdftilities  againft 
J'rance :— Could  the  Prefident  and  Senate  thus  negoc'tate  us  into  a 
■war? 

Jy  the  conftitution  it  is  declared,  «*  that  no  perfon  holdi^ng  any 
dfHce,  &c.  uhd^r  the  Uhiteid  States,  fliall,  \vithout  the  confent  df 
Congf ds,  accept  of  any  prefent,  fertiolutnent,  dffice  6r  title,  of  ahjr 
kind  whatfoever,  'from  any  iting,  prince,  or  foreign 'ftate." 

Suppofe  our  envoy  had  been  offered  a  preftht  or  a  title  by  tht 
Britifh  mdnarch — Airould  thfe  corlfent  of  thfc  treaty  be  tantatnount  to 
the  confent  of  Congrefs,  for  ihe  .purpofe  of  approving  arid  juftifyin^ 
his  acceptance  ? 

By  the  cohftittition  it  is  provided,  that  all  bills  fdr  raifing  revenues, 
fhall  originate  in  the  houle  of  r^prefehtatives  j  and,  thit  no  nidney 
ftiatll  be  drawn  from  the  treafury,  but  in  cohfeqUfence  df  i(ppro|fna- 
iions  made  by  law. 

Suf^fe  Great  Britain  had  ftipulated,  thSt  as  fbofl  «s  <h«  domfnif- 
fioners  had 'fixed  thb  fuln  due  to  her  fubjedte  for  old  dfebts,  the  Pi'efi- 
derit^duld  draw  a  warrant  for  ^'e  amount,  Sud  that  the  fame  fhoulil 
be  paid  out  df  all  ptibKc  moriies,  hi  the  tfcafui^  of  the'United  States, 
prior  to  tlie  payment  of  any  antecedent  ajlpro^riatidn  By  law  :•-- 
Would  this  be  the  ptop*  lubje<a  folr  a  (rtaty,  dr  for  ao  ifojicacii- 

6 


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»34 


FEATURES  OF 


■!       I 


,«*<«■ 


8.  But  fatigued  and  difgufted  with  difplaying,  thus  hypothetically 
the  monilrous  confequences,  which  will  inevitably  flow  from  tht 
jurlfJidkn  cicu,ned  on  behalf  of  the  Prefident  and  Senate ^  to  bind  the 
United  States  by  any  treaty  ^  and  in  all  cafes  whatfoever  ;  let  us  parti- 
cularly examine  the  numerous  and  extravagant  infraSions  of  the  con- 
Uitution,  which  the  projeSed  treaty  aSually  commits.    Recent  as  is  the 
eftablifhment  of  the  federal  confHtution,  it  is,  indeed,  to  be  lamented, 
that  the  poflibility  of  viokting  it,  is  not  a  matter  of  floating  and  fluc- 
tuating popular  opinion  ;  but  a  matter  fufteptible  of  fixed  and  poH- 
tive  proof.     For,  who  does  not  recolledt,  that  a  bill  touching  the 
fundamental  principle  of  the  government  (its  reprefentative  quality) 
after  having  Pqffed  both  houfes  of  Congrefsy  <was  declared  by  the  Prefi- 
dent to  be  unconftitutional ;  and^  therefore,  undeferving  of  his  official 
approbation  and  ftgnature?     Who  can  forget,  that  a  law  touching 
the  elTential  properties  of  the  judicial  department  of  our  government, 
after  being  ratified  by  every  organ  of  legiflative  authority  (the  prefldent, 
ienate,  and  houle  of  reprefentatives)  was  declared  by  chief  ji^ice  Jay, 
and  his  qlfi)ciate  judges,  to  be  uncDnflitutional ;  and,  therefore,  incapable 
of  being  executed  and  enforced  P    With  fuch  authoritative  precedents 
(and  there  are  many  others  that  might  be  adduced  from  the  tranf- 
adions  of  individual  dates)  of  the  poffibility  of  deviating  from  the 
ride  and  meaning  of  our  conllitution,  are  we  to  be  damned  for  poli- 
tical herefy,  merely  becaufe  we  doubt,  or  deny  the  infallibility  of  Mr, 
'Jay's  negociating  talents  ?    And  muft  every  man  be  accurfed  (to  ufe, 
for  a  moment, .  the  intolerant  language  of  the  late  fecretary  of  tlie 
treafury,  in  his  character  of  the  New  Tori  Camillus)  who  thinks,  that 
the  American  envoy  and  the  Briti/h  minifier  were  at  leqfi  as  likely  to 
miftake,  or  mifconflrue,  the  conjlitutional  boundaries  of  the  American 
government,  as  the  prefident,  fenate,  and  houfe  of  reprefentatives  of  the 
United  States?    It  is  certainly,  upon  the  whole,  more  candid,  and 
more  covincing,  to  put  *•  the  defence"  of  the  treaty  upon  the  true 
trading  ground,  taken  by  the  Kew  York,  chamber  of  commerce ; — 
to  wit, — "  that  we  have  made  as  good  a  market  cs  fuch  pedlars  hi  da 
right  to  e.xpe3  on  the  royal  exchange }  and  that  we  cannot  tjford  to  fight, 
though  we  mufi  fubndt  to  be  plundered*^ 

9.  Let  us  proceed,  however,  in  examining  the  points  on  which 
the  Britifh  treaty  is  at  war  with  the  :American  conftitution. 

( I . )  By  the  conftitution  of  the  United  States,  the  judicial  poifer 
is  veiled  in  one  fupreme  court,  and  in  fuch  inferior  courts  as  the 
Congrefs  may  from  time  to  time  eftablilh ;  and  its  jurifdi^ion  em- 
braces, among  other  things,  "  controverfies  between  a  flate,  or  citi- 
zens thereof,  and fdreign flutes,  citizens  or  fuhjeSs." 

By  the  treaty,  a  tribunal  other  than  the  fupreme  court,  or  i.ny  infe- 
rior court  eflcbiyhed  by  Congrefs,  is  eredled,  with  a  jurifdidion  to 
afcertaih  the  amount  of  any  lofl*es  or  damages  fuftaincd  "  'j  divers 
Britifh  merchants  and  others,  his  majefty's  fubjcdls,  on  account  of 
debts,  &c.  that  ftill  remain  owing  to  them  by  cilizeis  a  inhabitants 
of  the  United  States :"  And  it  is  agreed,  "  that  in  all  fuch  cafes, 
where  full  compenfation  for  fuch  lofle»  and  damages  cannot,  for 


rm-.M. 


Mr.  JAY'S  TREATY. 


»35 


whatever  .reafotit  be  atflually  had  and  received  by  the  faid  ci  editors, 
in  the  ordinary  courfe  of  juftice,  the  United  States  will  make  full 
and  complete  compenfation,  for  the  fame,  to  the  creditors/'  &c. 

Remarkt.     I.  It  is  the  right  of  6very  independent  nation  to  eda* 
blifli  and  maintain  a  judicial  authority,  co-extenfive  with  its  territo- 
rial  pofTeffions.     The  principle  is  indifputable,  and  it  is  incidentally 
recognizcu  by  Lord  Mansfield  and  other  great  lawyers,  in  the  cele- 
brated controverfy  between  the  king  of  Pruffia  and  Great  Britain, 
relative  to  the  Silefia  Loan.     2.  The  conftitutional  tribunals  of  the 
United  States  were  adequate  to  the  adminiftration  of  complete  juftice, 
in  the  very  cafes  for  which  the  treaty  provides  a  fpecial  tribunaL     3. 
If  itispomble  in  anycafe,  with  any  nation,  and  at  any  time,  to  lli- 
pulate,  by  treaty^  for  the  erection  of  a  tribunal,  in  order  to  afcertain 
and  liquidate  debts  due  from  citizens  to  foreigners,  may  it  not  be 
done  in  every  cafe,  with  every  nation,  and  at  every  time  ?  4.  Is  not 
the  Court  of  Commiflioners,  in  efiedt,  an  High  Court  of  Errors  and 
Appeals  for  the  United  States  with  power  to  revife  and  reverfe  every' 
judgment,  that  has  been  given  iince  the  year  1 783,  either  in  a  federal 
orjlate  courts  in  every  caufe  between  a  Britifh  fubjed  and  an  Ameri- 
can  citizen  ?  5.  Wherever  the  recovery  of  the  principal  debt  has  been 
protraded  hy  the  forms  of  law — wherever  there  has  been  htt  abatement 
of  interejlt  by  the  compromife  of  the  parties,  or  the  verdict  of  a  jury- 
wherever  the  debtor  has  become  infolvent ;  this  high  court  of  Commifli- 
oners may  fuftain  an  appeal,  and  can  award  damages  for  the  deten- 
tion or  lofs  of  the  debt.     It  is  true,  the  treaty  adds,  that  this  "  pro vi- 
fion  is  to  extend  to  fuch  lofles  only  as  have  been  occailoned  by  Liivfiil 
impediments  ;"  but  the  extent  of  the  difcretion  of  the  commiflioners,  in 
adjudging  what  conftiiutes  a  /a-aj/a/ impediment,  is  without  limitation 
or  controul ;  and  the  nature  of  the  evidence,  by  which  their  minds 
are  to   be   informed,    is  without   rule   or   definition ;     fince    (in 
the   language  of   the  treaty)    it   may   be     "  either   according    to 
the   legal  forms   now  refpeftively   exifting   in   the  two  countries, 
or   in  fuch  other    manner    as   the    faid    commiflioners    (hall    fee 
caufe   to  require  or   allow."      Thus,  not  only  erecSing  a  court  un- 
known to  our  conilitution,  but  admitting  a  fpecies  of  proof,  not  re- 
cognized by  the  legal  forms  of  our  country.      6.   Let  us  appeal  to 
Mr.  Jay  himfelf,  upon  the  conftitutionality  of  fuch  proceedings.     By 
an  aft  of  Congrefs,  the  judges  of  the  circuit  courts  were  required  to 
take,  and  report  to  the  fecretary  at  war,  certv^in  proofs  in  the  cafe  of 
invalids  and  penfioners.     The  judges  refufed   (as  we  have  already 
noticed)  to  execute  the  aft,  declaring  it  to  be  unconjlitution.l,  as  well 
on  account  of  the  nature  of  the  duty  impofed  upon  them,  as  on  ac- 
count of  the  revifionary  power,  which  v/as  veiled  in  the  fecretary  iit 
By  the  ti  eatyy  the  Prefident  and  Senate  will  appoint  commifli- 


war. 


oners,  in  conjunftion  with  the  king  of  Great  Britain,  to  hold  a  court 
of  appeals  from  every  court  in  the  union  ;  and  to  determine  judicial 
quelUons,  upon  private  controverfies,  between  Britifli  fubjefts  and 
American  citizens.  Now,  let  us  afli,  whether  it  is  more  unconflitu- 
tional/o/-  the  hgtjlptwe  to  impofe  new  and  extraordinary  duties  upon  a 


ill 
ill 


m¥  • 


PiJJiV: 


i>i  ■ 


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I 


l!   ■    «. 


Ij6 


FEATURES  OF 


court,  exifiing  according  to  the  confikution,  tiian/or  the  executtMe  to  create< 
a  new  and  extraordinary  tribunal,  incompatible  with  the  comflitution  ; 
inafmuch  as  it  can  only  aA  upon  the  alienation  of  the  jurifdiAion,- 
previoufly  and  excluftvely  vefted  in  our  domeftic  courts ; — die  juriiHic- 
don  of  hearing  and  deciding  judicial  queftionsy  i^n  private  contro- 
verfies,  between  Britifli  fubjedts  and  American  citizens  ^  7.  But 
this  is  not  the  only  infraAion  of  the  conftitution,  iBvolv«d  in.  the 
arrangement  aMuded  \jQ—ihe  obligation  of  private  contrail*  it  trantfer- 
red  from  individuals  to  the  public.  The  fibers  of  the  conflitution,  in 
declaring  that  **  all  debts  contradkd,  and  engagements  entered  into, 
before  its  adoption,  (hall  be  as  valid  againft  the  United  States  under 
the  conftitution,  as  under  the  confederation,"  could  hardly  antici> 
pate,  thatUiey  charged  the  treafury  of  the  union  with  the  payment  o^ 
all  the  outftanding  debts  of  the  individual  citizens  of  America  i  And 
when  Congrefs  was  vefted  with  a  power  "  to  lay  and  colleA  taxes,  to 
pav  the  debtst  and  provide  for  the  common  defence  and  general  welfarer 
of  the  United  States;"  it  certainly  was  never  contemplated,  that  tha 
government  of  America  became  the  infurer  of  every  Britifh  merchant^ 
againft  litigious  delays,  and  fraudulent  or  accidental  bankruptcies  i^ 
It  cannot  be  fuggefted  that  Great  Britain  afts  in  a  ftmilar  manner 
upon  Qur  complaints  of  the  fpoliations  on  our  trade.  For,  the  injury 
that  we  have  fuftained,  originated  in  an  aS  of  government — ^the  injur* 
ed  individuals  are,  in  the  J!>^  inftance,  bound  to  apply  to  the  Briti/h 
courts  of  jufiice-~9xA  the  public  are  only  refponfible  in  the  lafi  refort, 
for  the  individual  aggreftbrs. 

(2.)  By  the  conftitution  of  the  United  States, Congrefs  is  empowered 
to  eftablifh  *'  an  uniform  rule  of  naturalization ;"  and  that  power  has 
accordingly  been  exercifed  in  an  a6l  that  provides,  among  other 
things,  that  *  no  perfon  heretofore  profcribed  by  any  ftate,  fhall  be 
admitted  a  citizen,  except  by  an  adl  of  the  legiflature  of  the  ftate  in 
which  fuch  perfon  was  profcribed." 

By  the  Treaty,  all  the  Britiih  fettlers  and  traders,  within  the 
precinAs  or  jurifdidtion  of  the  weitern  pofts,  are  allowed  an  election 
either  to  remain  Britifh  fubjedts,  or  to  become  citizens  of  the  United 
States  :  And  it  is  agreed,  "  tYi^t  Briti/h  fubjeSs  who  now  hold  lands 
in  the  territories  of  the  United  States,  may  hold,  grant,  fell  or  de- 
vife  the  fame,  to  whom  they  pleafty  in  like  manner  as  if  they  were  na- 
tives; and  that  neither  they,  nor  their  heirs  or  ajjignsy  fhall,  fo  far  as 
may  refpeA  the  faid  lands,  and  the  legal  remedies  incident  thereto, 
be  regarded  as  aliens." 

Remarks.  Is  not  the  treaty  at  war  with  the  conjiitution  in  this  great 
and  delicate  point  of  nJturalization  ?  A  Britifh  colony  is,  ipfofcHo, 
by  the  magic  of  Mr.  Jay's  pen,  converted  into  an  American  lettle- 
ment !  Every  Briti/h  fubjeS,  who  now  holds  lands  (and  when  we 
recolledl  the  recent  ipeculations  for  the  fale  of  lands,  how  can  we 
calculate  the  extent  of  the  adoption  ?)  is,  without  ordeal  or  reftraint, 
endowed  with  all  the  rights  of  a  native  yfTnetican  !  If  it  is  poffible,  by 
treaty,  to  give  the  rights  of  property  to  aliens,  may  not  the  civil 
rights  of  the  community  be  difpofed  of  by  the  fame  potent  inftru- 


iiii 


Mr.  JAY'S  TREATY. 


»37 


meat?  If  it  is  pofSbk,  by  treaty,  to  confer  citizenship  on  the  Britifli 
gatrifon  at  Detroit,  and  its  contiguous  fcttleca,  why  niay  we  not,  l^ 
treaty,  aUb  confer  an.  iziftaotaaeous  citizenAup  on  everyMght^em* 
grants,  that  (baU  hafl|eD  to  our  fhores  fromGeiraany  ot  Irdand  I  b  may 
<K>t  be  amifs  here  to  intimate  a  doubt  of  the.  power  o£  the  federal  gOf 
vermnent  to  regulate  the  tenure  of  real  eftates :  it  is  no  whece  ex- 
prefsly  given,  and,  therefore,  cannot  be  conftkuttonaJly  impUed; 
and  it  £eems  to  be  among  the  necefiary  and  naturai  objeds  offiaie  k- 
gtilation.  But  iet  us  prefume  (what  la  highly,  probable)  thajt  there 
afc  amongft  the  fettlers  withm  the  precinAs  or  jurifiliftioo  of  th^ 
veftem  pofts,  certain  prafcribed  pi^rfons—-can  the  treaty,  ia  fyite  of 
ttciawf  reftore  them  to  the  rights o£  cittzenfhip,  without; the  authQ» 
ritatiy^  afl'^nt  of  the  ftate  that  proftpcibed  them  i  Agaio-r-Is.  exery  man 
whofe  eftate  was,  Habje  to  confifcatioaai  a  traitor,  or  as  aq  alien,  in 
oonfequepce  of  the  revolution,  ei^UlJfid  now  ta  holdiUndi  as  a.  natixe?. 
The  Fairfax  claim  in  Virginia ;  the  claim  of  the  Fenn^  ia  Feonfylr 
vania ;  and  the  claims  of  GaUoway,  AUen,  &c  &c.  may  hence  de^ 
wit  a  dangerous  principle  ofre&fcitation.     Look  to.  it,  weJh 

(3.)  By  the  con(Htution,  ^ongrcfs  is  empoweted  to  regulate  comr 
merce  with  foreign  nations.  « 

By  the  treaty,  the  comoiecce  of  the  United  States,  not  onfy  dir 
reAly  with  Great  Britain,  but  incitkntally  with  every  foreiga  nation, 
is  regulated. 

Remarks.  There  is  not  a  fource  of  le^ative  jurtfeH^n,  upon 
the  fiibjeiSt  of  commerce,  which  is  not  abforbed  by  this  executivtcomr 
pt^  The  power  of  regulating  commerce  with  foreign  nations,  is 
exprefsly  and  fpecifically  given  to  Congrefs  :  Can  a  power  fo  given  to 
one  depsii^nient,  be  divefted  by  implication,  in  order  to  aioflify  and 
invigorate  another  power,  given  in  general  terms  to  another  departr 
ment  ?  But  more  of  that  herea&er. 

(4.)  By  the  conftitution,  Congrefs  is  empowered  to  regulate  com* 
merce  with  the  Indian  tribes. 

By  the  treaty,  it  is  agreed,  that  "  it  (hall  at  all  times  be  free  to 
Britifti  fubjedts,  &c.  and  alio  to  the  Indians  dwelling  on  either  fide 
of  the  boundary  line  of  the  United  States,  fireely  to  pais  and  repa& 
by  land  or  inland  navigation,  into  the  refpe&ive  territor'  :s  and  coun- 
tries of  the  two  parties  on  the  continent  of  America,  8cc.  ai^d  £tedy 
to  carry  on  trade  and  commerce  with  each  other."  The  treaty, 
likewife,  provides,  that  **  no  duty  of  entry  (hall  ever  be  levied  by 
either  party  00  pelt,tes  brought  by  land,  or  inland  naviga,tion  into  thp 
faid  territories  refpeftively  ;  nor  (hall  the  Indians  paffing  or  repafRi^g 
with  their  own  proper  goods  and  ef&ds,  of  whatever  nature,  pay  for 
the  fame  any  impoft  or  duty  whatever." 

Remarks.  It  is  eafy  to  perceive  that  the  ftipulations,  in  fevour  of 
the  Indians,  were  introduced  at  the  inftance  of  Great  Britain  ;  and 
her  motives  are  not  even  attempted  to  be  difguifed.  Her  traders  will 
boaft  of  the  favour  and  fecurity,  which  flie  has  compelled  America  ta 
grant  to  the  Indians  ;  and  fo  engage  their  confidence  and  attachment  t 
while  the  privilege  of  free  paflage  and  the  exemption  from  duties* 


%  ' 


!    ! 


•Si 


.iK-i':  'J 


FEATURES  OF 


will  Inevitably  throw  the  Avhole  fur-trade  into  the  hands  of  the  Britiilu 
The  furrender  of  the  weftern  pofts,  under  fuch  circumftances,  can 
produce  no  lofs  to  Great  Britain,  and  will  certainly  be  of  no  advan- 
tage to  America:  Itwill  not  add  a  fliillingto  the  profits  of  our  Indian 
trafHc  ;  nor  infure  us  a  moment's  fufpenfion  of  Indian  hoftilities  !  But, 
to  profecute  our  confiituttonal  enquiry — what  right  is  there,  by  treaty^ 
to  regulate  our  commerce  with  the  Indian  tribes  i  Whenever  a  treaty 
of  peace  and  amity  has  hereto/ore  been  concluded  with  die  Indians,  it 
has  been  the  conuitutional  praAice  of  the  PreHdent,  to  call  on  Con- 
grefs  to  regulate  the  commerce  with  them.     Such  calls  were  totally 
unnecefTary,  if  the  fame  thing  might  as  well  and  as  lawAilly  be  done 
by  treaty  ;  and  if  it  could  not  be  done  by  treaty  in  the  cafe  of  the  In- 
dians, neither  could  it  be  done  by  treaty  in  the  cafe  of  i  foreign  na- 
tion .'  For,  both  are  exprefled  in  the  fame  terms,  and  included  in  the 
fame  member  of  the  feAion.      *'  Congrefs  (hall  have  power  (fays  the 
conftitution)  to  regidate  commerce  with  foreign  nations,  and  among 
the  fever  .1  nates,  and  with  the  Indian  tribes."     What  right  is  there 
by-  treaty  to  declare  that  no  duty  of  entry  (hall  ever  be  levied  by  either 
party  on  peltries,  life,    (and  a  fimilar  promife  is  made  in  cafes  that 
more  imnt^diately  afFe<ft  Great  Briuin)  fince  Congrefs  has  the  fole 
power  to  lay  and  colled  taxes,  duties,  &c.  to  pay  the  debts,  and  pro- 
.vide  for  the  common  defence,    and  general  welfare  of  the  United 
States  ?  If  we  may,  negatively,  fay,  by  treaty,  that  certain  duties  fliall 
not  be  laid,  may  we  not  affirmatively  iwj,hy  /rra/y,  that  certain  other  du- 
ties (hall  be  laid  ?  And  then  w)iat  becomes  of  that  part  of  our  confti- 
tution, which  declares,  *'  that  uU  bills  for  raifmg  revenue  (hall  origi- 
nate in  the  houfe  of  reprefentatives  V*  But  let  us  imagine  for  a  mo- 
ment, that  it  is  in  the  power  of  the  Prefident  and  Senate  to  regulate 
our  commerce  with  the  Indian  tribes  ;  ought  not  the  regulation  to  be 
made  'with  the  Indians  themfelves  ?  Why  fuffer  Great  Britain  to  nego- 
ciate  and  ftipulate  for  Indians  adually  redding  within  the  territory 
of  the  United  States  ?  Is  fuch  a  conceflion  confiftent  with  the  dignity 
and  independence  of  our  government — with  the  peace  and  intereft  of 
the  nation  ?  Let  Mr.  Randolph's  letter  to  Mr.  Hammond,  on  the 
condudt  of  general  Simcoe  and  major  Campbell  be  referred  to,  as  an 
anfwer  to  this  queflion.     It  is  not,  at  prefent,  within  reach  to  be 
quoted  ;  but  its  contents  were  too  important  to  have  already  efcaped 
the  memory  of  any  refleding  American. 

(5.)  By  the  conftitution,  Congrefs  is  empowered  "  to  define  and 
puni(h  piracies  and  felonies  committed  on  the  high  feas,  and  offences 
againft  the  law  of  nations." 

By  the  treaty,  the  definition  and  punifhment  of  certain  offences, 
not  known 'by  any  law  of  the  union,  is  declared  and  permitted ;  to 
wit — I  ft.  For  accepting  commilfions  or  inftruftions  from  any  foreign 
prince  or  ftate,  to  aft  againft  Great  Britain.  2d.  For  accepting  any 
foreign  commiffion  or  letter  of  marque  for  arming  any  privateer,  &c. 
Great  Britain  may  punifh  an  American  citizen  as  a  pirate.  3d.  For 
not  treating  BritiJh  officers  with  that  refpeS  which  is  due  to  the  com- 
iniffions  they  bear,^  and  for  offering  any  infult  to  fuch  officers,  the  of- 


M».  JAY'S  TREATY. 


139 


fenders  (hall  be  puniflied  at  dljlurbers  of  the  peace  and  amity  ietiveen 
jimerica  and  Great  Britain.  4th.  For  making  a  prize  upon  the  fub- 
jeAs  of  Great  Britain,  the  people  of  every  other  belligerent  nation 
(except  France)  fhall  be  punifhed  by  a  denial  of  Jbelter  or  refuge^  in 
our  ports. 

Remarks,     To  define  crimes,  and  apportion  puniHunents,  is  the 

Eeculiar  province  of  the  Irgiflative  authority  of  every  free  government: 
ut  it  is  obvious,  from  the  foregoing  recapitulation,  that  the  executive 
authority  has  likewife  encroached  upon  that  province,  by  the  indru- 
mentality  of  its  treaty-making  power.  Can  a  citizen  be  furrendcred 
by  treaty  to  all  the  pains  and  penalties  o( piracy  ?  Then  by  treaty^  he 
might  be  fubje^ed  to  all  the  pains  and  penalties  of  trt  ifon.  It  is 
true,  that  the  conftitution  refer ves  to  ttku  the  exclufive  right  of  de- 
claring Avhat  fliall  conilitute  treafon  ;  but  it  is  equally  true,  that  it 
bellows  09  Congrefs  the  exclufive  right  to  define  and  punifti  piracy  : 
.and  the.  invadon  of  the  right  to  define  in  one  cafe,  is  as  unconftitutional 
as  the  invafion  of  an  aSual  definition  in  the  other.  But  what  legiti- 
mate  authority  can  a  treaty  fuggeft,  in  order  to  juftify  the  reftraint 
upon  that  right  of  expatriation,  which  Congrefs  itfelf  has  not  ven- 
tured to  reftrain,  while  legiflating  on  fubjedls  of  a  (Imilar  clafs  i  It 
is  not  intended  to  convey  the  flighted  doubt  of  the  power  and  pro- 
priety of  controuling  our  citizens  in  their  conduct  towards  foreign 
fiatiottSj  while  they  are  within  the  reach  of  dowejlic  coercion  :  but  to 
prohibit  an  American  freeman  from  going  whither  he  pleafes,  in 
quefl  of  fortune  and  happinefs — to  reftridt  him  from  exercifing,  in  a 
foreign  country^  and  in  a  foreign  fcrviccy  his  genius,  talents  and  in» 
duilry  ;  to  denounce  him  for  feeking  honour,  emolument  or  inftruc- 
tion,  by  enlifting  within  the  territory^  and  under  the  banners  of  another 
nation — to  do  fuch  things,  is  to  condemn  the  principle  of  our  own 
policy,  by  which  we  invite  all  the  world  to  fill  up  the  population  of 
our  country ;  To  do  fuch  things  is,  in  faift,  to  proftrate  the  boafted 
rights  of  man.  It  is  hardly  worth  a  paufe  to  alk,  'What  proportion 
of  refpecft  is  due  to  the  commiffion  of  a  Britifh  officer  ?  and  what  de- 
gree of  punifhment  the  refufal  or  negledt  to  pay  it,  may  deferve  ? 

(6.)  By  the  conftitution  it  is  declared,  that  "  no  tax  or  duty 
ihall  be  laid  on  articles  exported  from  anyjlate." 

By  the  treaty,  "  it  is  exprefsly  agreed  and  declared  that  the  Uni- 
ted States  will  prohibit  and  reflrain  the  carrying  any  melaffes,  fugar, 
coffee,  cocoa,  or  cotton,  in  American  vefTels,  either  from  his  niajeity's 
iflar.ds,  or  from  the  United  States,  to  any  part  of  the*world." 

Remarks.  This  is  an  extract,  it  is  true,  from  the  twelfth  article 
of  the  treaty ;  but  it  equally  fcrves  to  fliow  the  probability  of  attempts 
to  violate  the  conftitution.  Befides,  the  advocates  for  the  treaty 
are  hafly  and  premature,  when  they  defire  to  throw  the  twelfth  ar> 
tide  entirely  out  of  confideration :  for,  by  that  propofltion,  though 
they  Jhould  fave  the  treaty,  they  effeSually  dejlroy  its  author.  They 
.are  hafly  and  premature  for  anotlier  reafon  :  the  twelfth  article  is  to 
\x  fufpended  for  the  declared  purpofe  of  negociating  fomething  as  a  fiibjli' 
lute  s  and,  therefore  we  mult  confider  its  principle,  in  order  to  aicer- 


:it,: 

IP 


%M: 


I 


l'r';i 


III: 


14b 


Features  of 


i    i 
I'M 


5*  "'■»• 


:*4* 


I!     >4i. 


ipi^^ 


l^in  hovir  far  any  tnodificdHM  of  it  could  be  rendeiM  palataUe.  !Bu», 
v«t  coit/Ktutif/nal  grdundf  when  it  is  declared,  ^at  no  tNty  fliatl  il|)r  An^ 
be  laid  on  articles  exported  from  any  ftate,  is  tt  hdt  libfurd,  or  kicked 
■to  fuppofe,  that  by  treaty  the  e^fportation  dfthe  HHiUfs  ihimfehet  cSih 
be  prohiUted  ?  The  obvious  intention  of  the  conft'itution  is  to  encbu- 
V;tge  our  expoti'traHei — the  immediate  ieffbdl  of  i^  /mi(y  isto  dl^^A 
imd  annihrlaete  it. 

(7.)  Therfeure  many  oiiher  points  in  Which  a  coin/ion  beiut't  Jr- 
'M>een  the  cditftiltttlon  aha  the  treatyt  bat  to  whidi  the  fcope  «nd  hattfrfe 
lof  thefe  ftriiftares  will  dot  kdmit  a  full  iitteDtioii.  It  mfty  be  cnrforfly 
remarked,  however,  thst  a  ceffhn  0/ tefrftoryf  which  wfll,  probably-, 
be  the  confe({Uclnce  xX  fettling  anew  the  boundaries  of  the  United  State», 
and  eVen  the  aflual  ceffion  df  tlie  precih^  df  the  Wefterh  pofb, 
Ihaagh  ih  favour  0f  inSvidualtt  krfe  Utbj^^  'feir  li^riotte  rdfte^on.  M 
apart  of  the  United  States  may  be  ceded-<-^  a  wliok  ^{iitt  *ay  1)fe 
teded,  what  becomes  of  the  ;guarantee  df  ii  republican  forin  -of  got- 
Vc^ment  to  every  ftate  ?  The  propriety  df  preKhting  this  confidfeiir- 
tion  to  the  public  mind,  will  be  allbwed  by  thofft  t^ho  knoW,  thai^ 
ih  the  cdurfe  df  the  finatwitd  debate^  the  Tl^t  «/*  cedthg  by  "trfeity  -b 
Vfhbk  ftate,  nity,  ntlif'nvLmhtr  df  the  Jfii^es,  Jboii  of  it  majority,  4Ut^ 
iMldly  aflferted,  and  nrennoafly  arguied !  ! ! 

(8.)  It  may  not  be  antiis,  like\^e,  to  add,  that  our  ^gb^dmmfcnt 
lias  no  ifiore  right  to  alUnafc  powers  that  Ure  givin,  dian  it  -has  t6 
Mfufp  patHers  that  are  Hot  givin.  For  4nftahce,  On  kid  of  C'^tgrefi 
\iduld  not  (and  can  a  ifreaty  ?)  fiirWndtr  the  right  <tf  fequdlerhg  thfe 
^operty  cfa  hoftile  natioto-^the  tight  df  gh'&g  c0mAiei*ciid  ](>Yefer- 
'ences  to  a  friendly  nation — and  the  right  of  fii^ndihg  airiiihdus  in- 
tercbnrfe  wSti  any  nation  ?  Great  ckmdurs  have  been  raifed  kga)(ifft 
ir&  e*irctfe  of  thde  rights ;  and,  iiddoubtedly,  they  (hould  only  1* 
itfed  in  the  lajl  refort  ;  but  they  are 'rights  reccgnifed  by  tkektw  of  ita>- 
tHohs  ;  atid  they  ate  rights  often  efTential  to  the  duties  oifelfprefer*vk- 
idroif,  and  fometimes  necefFaty  to  the  accomplifhment  of  rtciproedl 
fujiice. 

10.  Having  taken  this  review  tif  the  aBual  warfate  betwein  ilk 
Ikottftitutian  and  Mr.  7tty*t  diphtttalic  work,  and  of  the  deftru^ive 
coofequences  of  the  claim  of  the  executive,  fo' bind  the  Uhifed  Stater, 
hi  all  cafes  whatfoever,  by  treaty  f  let  us  recur  to  the  pdfttidn  with 
virMch  the  prefent  feature  was  mtroduced,  namely,  fhe  duty  of  pre- 
fsrvii^  the  idnftituthm,  fuch  as  it  was  made  and  intended  by  the-pebpk, 
and  we  fhali  find,  by  a  faithful  comparifon  of  theory  with  praAi^^ 
■fliat  the  government  of  the  United  States  may  be  tranrformedthrough  the 
UediUm  of  the  tredty-making  power,  from  a  republic  to  an  oligarchy-^ 

from  a  free  government  offrveral  departments,  legiflative,  juffltiial  aftd 
iXecutive — tothe  Jtrnple  ariflocratical  govemmeat  of  a  Praident  and 
Senate. 

1 1.  This  fatal  efFeA,  however j  of  converting  our  govermnent  frdM 
the  fyftem  which  the  people  love,  to  a  fyflcm  which  they  itbhitr,^-^ 
from  what  it  waamade  in^eory,  to  what  it  was  never  intended  t6  ht 
ftiadc  by  pra^ce-»-<-6sm  only  proceed  from  error  or  corruption,    ft 


Mr.  JAY'S  TREATY. 


141 


Would  ill  become  the  wrkcr  of  tbefe  ftrifturcs,  who  fo  freely,  but  it 
is  hoped,  fo  fairly,  exj^e^s  an  opinion,  to  impute  to  any  man  or 
fet  of  men,  a  linHler  an  i  traiter^us  defign  againft  the  conftitution  of 
ouf  common  country.  Th^  ..lunciations  fulminated  by  the  Nciu- 
Tork  CamiffuSf  and  his  CmaR  circte  of  coadjutors,  harmlelsly  expand 
tlMifif(iIres  in  the  violence  of  their  explofion  :  like  the  denunciations 
of  Mf  Tiarot  they  fpring  from  an  arrogant  claint  of  infaUib'tHty  ;  and 
Rke  them  too,  will  only  excite  the  dertftnn  or  the  difgujl  of  an  enlight- 
^d  nation.  Is  it  credible,  that  every  citizen  of  the  United  States, 
from  Georgia  to  New-Hamp(hire,  who  reprobates  Mr.  Jay's  treaty, 
muft  either  be  an  enemy  to  our  government,  or  a  rancorous  incendiary  ? 
Is  it  to  be  prefumed  that  nOi  nian  can  utter  a  fentence  of  (Mipproba- 
tion  refpeflSng  the  prlndpks  of  the  treaty,  without  feeling  a  fentiment 
df  animofity,  re^fHng  thf.  per/on  of  the  .^..agociator  ?  Are  we  really 
fbch  flaves  to  fadHon  ; — -fo  trammelled  with  party ; — ^fo  infenfible  to 
TRtBe,  tnith  and  patriotSm  ; — ^that  every  thought  which  we  conceive, 
every  exprelTion  which  we  ufe,  on  this  momentous  occafion,  muft  be 
CoAnedted  with  the  poflible  (but  tt  is  ardently  hoped  the  diftant)  event 
rf  ekS'mg  a  fnceeffor  to  the  prefent  chief  ma^Jlrate  of  the  union  ?  Yet, 
fidi  are  the  bale  and  fordid  motives,  paiHonately  and  wantonly  alcri- 
bed  by  Caniilhs  and  the  fcanty  troop  of  advocates,  who  follow  him 
in  fttpporting  the  treaty,  to  the  great  hofl  of  the  American  people,  r'l/ing 
(as  it  were^  in  mafs  to  condemn  it. 

If  it  could  be  thought  a  convenient,  a  reputable,  or  a  neceflary 
tafk,  how  fuccefsfiilly  might  the  argument  of  recrimination  be  employ- 
ed! Who,  it  could  be  alked,  are  the  perfons  thatfupport  the  treaty  ? 
What  arc  the  motivet  that  adtuate  them  ?  Is  it  furprifing  that  the  men 
tvho  advifed  the  treaty,  or  that  the  the  man  ivho  compofed  it,  fhould 
endeavour,  by  the  force  of  ingenuity,  art,  or  defamation,  to  refcue  it 
from  general  maledidion  and  impending  rain?  Was  it  not  to  be  exped- 
ed,  that  zfaSion,  nnifortnly  eager  to  ejiab{}fh  art  affiance  ivith  Great  Bri- 
tain, at  the  expence  of  France,  would  ftrertuoufly  attempt  to  procure 
the  ratification  of  any  injlriiment,  calculated  to  accomplifh  that  oh]tSi  ? 
Does  not  confiftency  require  from  him,  who  openly  projected  in  the 
Federal  Convention,  and  from  thofe,  ivho  fecretly  defire  in  the  execu- 
ttonofpuHic  ojjiees,  the  eftablifhment  of  an  arfftocracy,  under  the  in- 
fidious  title  of  a«  energetic  fchtme  of  government,  that  they  (hould  ap- 
prove and  countenance  every  praftical  application  oi  any  medium,  by 
which  the  barriers  that  feparate  out  conftitutional  departments,  may 
be  overthrown,  and  the  occafions  for  interpofing  the  popular  fanclion 
of  the  legiflature,  may  be  fuperceded  or  avoided  ?  Is  it  not  naluroi, 
that  Bvitifli  merchants  and  Britifh  agents — ^is  it  not  neccjfary,  that 
Britifh  debtors  and  Britirti  faftors, — Ihould  clamoroufly  unite,  or  ta- 
citly  acquiefce,  in  the  applaufe  beftowed  upon  a  compaft,  which, 
however  detrimental  to  America,  is  beneficial  to  Great  Britain — the 
Tiationof  chief  importance  to  the  allegiance  and  affeSions  of  fos>.c  of 
thofe  charafters,  and  to  the  opulence  and  fubfi/lence  of  all  ?  Or,  if 
the  paltry  idea  of  an  eleflioneering  )Jan  muft  be  forced  upon  our  con- 
C^eration,  is  it  not,  at  leaft,  as  Itkely.  that  the  party,  luhiih  aims  at 

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FEATURES  OF 


mah'tng  a  Prcjident  of  Mr.  Jay^  wi//,  on  that  ground  ahtift  exert  »/- 
felf  in  "  The  Defence"  of  the  treaty t  as  that  the  party,  urhich  ii 
defirous  of  conferring  the  fame  elevated  office  on  Mr.  Jefferfon,  will, 
for  no  otlier  reafon,  attempt  to  blaft  die  fruits  of  his  competitor's 
negociation  ?  Confidering,  indeed,  that  Camillut  himfelf,  by  con- 
fining his  "  Defence"  to  the  treaty  at  adv'tfed  to  be  ratified  by  the  fe» 
natty  virtually  abandons  the  treaty  as  negociated  and  concluded  by 
Mr.  Jay  : — and  alfo,  confidering  that  a  part  of  Camillu/'s  defence 
o(  the  prefent  treaty  arifes  from  the  ambiguity  that  Mr.  Jay  had  left  in 
tlie  former  treaty  with  Great  Britain  (upon  which,  however,  his 
character  as  a  negociator  was  founded)  we  might  be  led  to  fuppofe, 
that  Mr.  Jay's  pretcnfions  to  the  wifdom  of  a  (^atefman,  and  to  the 
ftation  of  a  Prefident,  were  not  deemed,  even  by  hit  own  farty, 
to  be  any  longer  tenable ;  but  that  Canillut  iiil!  condefcends,  on  the 
obvious  prefumption  of  a  fubfifling  ti\  alfliip,  to  impeach  the  minifies 
rial  charadler,  and  to  depreciate  the  official  performances,  of  Mr. 
Jefferfon. 

But  why  fhould  we  arbitrarily  abufe^  inftead  of  endeavouring  ra- 
tionally to  convince  each  other  \   We  all  have  the  fame  right,  from 
natural  and  from  focial  law,  to  think  and  tofpeak  :  it  is  true,  that  we 
do  not  all  pofTefs  the  fame  powers  of  reafon,  nor  the  fame  charms  of 
eloquence  ;  but  when  men  are  on  an  equality  in  the  pojieffton^  as  well 
as  in  the  right  of  exercifingy  thofe  endowments,  there  can  be  no  ami- 
cable wa     of  ac^ufling  a  difference  of  opinion,  but  that  which  is 
adopted  for  adjufting  all  the  other  differences  or  a  free  people — an 
appeal  to  the  voice  of  the  majority  !  Now,  let  it  be  allowed  (and  fb  far 
ought  it  to  be  allowed,  but  no  farther)  that  Mr.  Jay,  who  negociated 
the  treaty ;  the  twenty  members  of  the  fenate,  who  aifented  to  a  con- 
ditional ratification  ;  and  Mr.  Hamilton,  and  the  New- York  i:h?m- 
ber  of  commerce,  who  have  appeared  in  fupport  of  it  (anenumera^ 
tion  that  comprifes,  it  is  believed,  all  that  have  hitherto  avovutd  a 
ferfeS  approbation")  are  in  the  pofTeiEon  of  as  great  a  proportion  cf 
information,  integrity  and  talents,  as  a  like  number  of  citizens,  fe- 
ledled  for  their  approved  wifdom,  virtue  and  patriotifm,  from  the 
aggregate  of  thofe  who  have  publicly  condemned  the  treaty ;  and 
then  let  it  be  candidly  anfwereo,  which  fcale  in  the  balance  muft,  of 
right,  preponderate  ?    After  fuch  a  feledion,  there  will  Aill  remain 
the  great  body  of  the  community  in  oppofition  to  a  ratification  ;  and, 
as  members  of  that  community,  thoufands  of  individuals,  who  hon- 
ourably ferved  during  the  late  war,  in  the  field  and  the  cabinet,  and 
many  of  whom  at  this  moment  ferve  with  zeal,  fidelity  and  wifdom 
in  the  various  departments  of  government.     Is  it  not  then  the  fymp- 
tom  of  an  arrogant  vanity-~-of  a  tyrannical  difpofition— to  ftigmatife 
fuch  an  oppofition  to  a  pryeRed  meafure^  with  the  name  o(*FaSion?* 
The  violence  offered  to  Mr.  Hamilton's  perfon  in  New-York,  and 
to  Mr.  Bingham's  houfe  in  Philadelphia,  have  juftly  excited  the  in- 
dignation  of  every  (Incere  republican ;  but  even  that  reprehenfible 
and  odious  condu<ft  is  not  to  be  compared  to  the  enormous  guilt  of 
endeavouring  to  force  the  opinion  v(  nfew  individuals  upon  the  people, 


Mr.  JAY'S  TREATY. 


«4$ 


as  the  ultimate  tefl  of  political  truth ;  and  to  caft  an  oJlum  upon  the 
late  conventions,  in  which  (according  to  the  language  of  the  con(H> 
tutioo)  **  the  people  were  peaceably  aifcmblcd,  to  petition  the  go> 
Tcmment  for  the  redrefs  (or  rather  the  prevention)  of  a  grievance." 

Bat  let  the  pardon  of  the  reader  be  granted  for  this  Higrejlon ;  an  J 
we  will  return  to  a  delineation  of  the  feature  that  lies  before  us. 

1 3.  Declining,  then,  either  to  create,  or  to  follow,  a  bad  exam- 
pie,  let  us  afcribe  the  deviation  from  the  principles  of  our  conditu- 
tion  to  an  frroflfoui  conJiruSiotit  rather  than  to  a  wilful  perveijion  i 
and  let  us  exert  our  ikill  in  averting  the  evil  that  threatens,  rather 
vhan  indulge  our  refentment  in  convicting  thofe  who  labour  to  pro- 
duce it. 

Our  government,  therefore,  being  a  government  of  departments,  it 
h  fas  we  have  already  obferved)  inconfiflent  widi  the  duty  offlf 
prejervatioH  ;  or,  in  other  words,  it  muft  proceed  from  an  error  in 
confiruffion  ;  that  one  department  (hall  aflume  and  exercife  all,  or 
any,  of  the  powers,  of  all,  or  any,  of  the  bther  departments. — 
"  The  departments  of  government  (to  adopt  the  elegant  figure  ufcd 
by  an  excellent  judge,  in  a  late  admirable  charge  to  a  Philadelphia 
jury)  are  planets  that  revolve,  each  in  its  aoproprlate  orbit,  round 
the  conftitution,  as  the  fun  of  our  political  lyllcm."  Thus,  if  the 
legiflative,  executive,  or  judicial  departments  (hall  encroach,  one 
upon  the  orbit  of  the  other,  the  deftru(f\ion  of  the  order,  ufe,  and 
beaur;  of  the  political  fyilem,  mud  as  inevitably  cnfue,  as  the  de- 
(Irudlion  of  the  order,  ule,  and  beauty  of  the  planetary  fyflem  would 
follow,  from  a  fubverdon  of  the  eflential  principles  of  attradion,  re- 
pulfton  and  gravity.  * 

1 3.  It  was  neceFary,  however,  that  the  power  of  making  treaties 
with  foreign  nations,  (hould  be  vefted  in  one  of  the  departn^ents  of 
the  government :  but  the  power  of  making  treaties  is  not,  in  its  na- 
ture, paramount  to  everjf  other  power  ;  nor  does  the  exercife  of  that 
]K)wer  naturally  demand  an  exclufive  jurifdiAion.  A  nation  may  car- 
ry on  its  external  commerce  without  the  aid  of  the  treaty-making  poiver ; 
but  it  cannot  manage  its  dome/lie  concerns  without  tne  aid  of  the  le- 
giflative power  :  the  legiflative  power  is,  confequently,  of  fuperior 
importance  and  rank  to  the  treaty-making  power.  Again  :  The  le- 
giflative power  exercifed  conformably  to  the  confiitution,  muft  be  direfl^, 
univerfaf,  and  concluiive  in  its  operation  and  force  upon  the  people  ; 
but  the  treaty -making  power  is  fcarcely  in  any  inftance  independent  of 
legiflative  aid  to  effedluate  its  efforts,  and  to  render  its  compads  obli- 
gatory on  the  nation.  A  memorable  occurrence  in  the  Englifli 
hiftory  will  ferve  to  illuftrate  both  of  thefe  portions  :  It  is  the  fate 
o(  the  commercial  part  of  the  famous  treaty  of  Utrecht,  concluded  be- 
tween France  and  England  in  the  year  17 12.  "  The  peace  (fays 
Ruflel  in  his  Hiftory  of  Modern  Europe,  vol.  4«  p.  45  7 )  was  gene- 
rally difliked  by  the  people,  and  ail  impartial  men  reprobated  the 
treaty  of  commerce  with  France,  as  foon  as  the  terms  were  known. 
Exception  was  particularly  taken  againft  the  8th  and  9th  ar- 
ticles, importing  "  That  Great  Britain  and  France  ftiould  mutually 


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FEATURES  OF 


11       < 


enjoy  all  th«  pti.ilegcs  in  trading  with  each  other*  which  eithec 
granted  to  the  moft  favoured  nation  ;  that  all  prohibitions  ihould  bi 
removed,  and  no  higher  duties  impofed  on  the  French  commodities^ 
tiun  on  thofe  of  any  other  peonlc  The  ruinous  tendency  of  \he[^ 
articles  was  perceived  by  the  whole  trading  part  of  the  kingdom.  It 
was  accordingly  urged,  when  a  bill  was  brought  into  the  houfe  of 
commons  for  confirming  them,  that  the  trade  with  Portugal,  the 
mod  beneficial  of  any,  would  be  lod,  fhould  the  duties  on  French 
and  Portuguefe  wines  be  made  equal,  &c.  &c.  Thefe  and  Cmilar 
arguments  induced  the  more  moderate  tories  to  Join  the  whigs,  and 
the  bill  ivas  rejedeJ  by  a  majority  of  nine  votet.  In  relating  the  (am« 
tranfaiflion,  Smolkt's  hiftoiy  of  England,  vol.  2.  p.  242,  246,  coiw 
tains  fome  pa/Tages  too  remarkable  to  be  omitted  on  the  prefent  oeca- 
fion.  "  Againlt  the  8th  and  9th  articles,  (fays  the  hiUorian)  ihn 
Portuguefe  minifter  prefcnted  a  memoriaj,  declaring,  that  moul4 
the  duties  on  French  wines  be  lowered  to  the  fame  level  with  thofi^ 
that  were  laid  on  the  wines  of  Portu^,  his  mailer  would  renew  the 
prohibition  of  the  woolen  manufa£hircs,  and  other  products  of  Great 
Britain.  Indeed,  all  the  trading  part  of  the  nation  exclaimed 
againll  the  treaty  of  commerce,  which  feems  to  have  been  conclu- 
ded in  a  hurry,  before  the  minifters  fully  underilood  the  nature  of 
the  fubjedl,  This  precipitation  was  owing  to  the  fears  that  their  en» 
deavours  after  peace  would  mifcarry,  from  the  intrigues  of  the  whig 
fudtion,  and  the  obltinate  oppofition  of  the  confederates."  '*  Ano- 
ther bill  (continues  ti;e  fame  writer,  in  a  fubfequent  page)  being 
brought  into  the  houfe  of"  commons,  for  rendering  the  treaty  of  com- 
merce cfFeftual,  fuch  a  number  of  petitions  were  delivered  againjl  i/f  and 
fo  many  folid  arguments  advanced  by  the  merchants,  who  were  ex- 
amined on  the  fubjedl,  that  even  a  great  number  of  tory  members 
were  convinced  of  the  bad  confequence  it  would  produce  to  trade, 
and  voted  againft  the  minifter  on  this  occafion." 

Perhaps  there  cannot,  in  the  annals  of  all  the  nations  of  the  earth, 
be  found  two  cafes  more  parallel  than  the  one  vhich  is  thus  recorded 
m  the  Englifli  hidory,  and  the  one  which  at  prefent  agitates  the 
American  nation. — i.  All  impartial  men  reprobated  both  treaties, 
as  foon  as  the  terms  were  known,  s.  The  admiillon  of  the  oppofit^ 
contradi^ing  party  to  an  unqualified  participation  in  trade,  with  the 
moft  favoured  nation,  is,  in  both  cafes,  a  principal  fource  of  com- 
plaint. 3.  The  removal  of  all  prohibitions,  and  the  furrender  of 
the  right  to  impofe  higher  duties  on  the  commodities  of  the  oppofite 
contrafling  party,  than  on  thofe  of  any  other  people,  are,  in  both 
cafes,  condemned.  4.  The  good  and  the  intelligent,  of  all  parties* 
have  united  their  influence,  in  both  cafes,  to  prevent  a  confirmation 
of  articles  of  fo  ruinous  a  tendency.  5.  The  whole  nation,  in  both 
cafes,  have  exclaimed  againft  the  treaty.  6.  Both  treaties  were 
concluded  in  a  hurry,  before  the  minifters  fully  underftood  the  nature 
of  the  fubjefl.  7.  Innumerable  petitions  (and  who  will  NOW  deny 
the  propriety  of  exercifing  the  American  right  to  petition  ?)  were 
delivered  againft  both  treaties.     8.  And  the  Portuguefe  minifter 


Mr.  JAY'i  treaty. 


H5 


4eclarecl»  in  cffeAt  of  tbe  ueaty  of  Utrecht  (muiatii  mutaniUt)  what 
the  miniiler  of  France  will,  prohiibly  dccbrp  of  the  treaty  of  Loodon 
(but  what  America  furrenderi  tk«  right  of  .faying  at  any  time  to 
Great  Britain)  "  If  you  ratify  your  alliaaii^Vith  ^Itt  l^ntiAi,  you 
muii  iurreiuier  your  alliance  with  France."  If  fiuh'a  W4uuicrful 
fimilarity  of  circuoifUnccs  concur  in  the  uiguiaiioat  Uruis,  aatirictf- 
Hon  of  thcie  memorable  iaftrumenti,  let  u^  liope  that  the  guardiao 
angel  of  American  liberty  and  profpsrity,  hat,  aUb,  doomed  them 
finally  to  experience  a  merited  Jmilarity  of  faitl 

14.  But  having  tliua  ihowo*  that,  tven  in  Greta  Briiaint  tho 
treaty-malciog  prerogative  is  neither  paramount  nor  exdufive  (though 
the  generality  ol  judge  Blackftone's  expreilioos  on  the  fubjc^,  would, 
perhaps,  lead  to  that  prepoderous  conclufion)  we  might  be  iatisfied  - 
to  prelume,  on  general  principles,  that  fo  high  a  claim  of  jurifdi^on 
could  out  be  maintained,  at  leaft,  on  the  part  of  our  prdident  an4 
lenate.  Yet,  let  ua  endeavour,  by  the  infallible  tcft  of  the  coaftitu- 
tion,  to  put  the  matter,  if  po^Ue,  beyond  dopbt  and  controverfy^ 
and,  having  eftabUflied  that  each  department  of  the  govemraeat 
(hould  be  cocfined  to  its  proper  orbit,  let  us  endeavour  to  afcertaioi 
what  that  orbit  is,  io  relation  tu  the  treaty-making  fovur, 

(i.)  The  power  of  the  prefident  ami  fenate  to  make  treaties, 
is  given,  (as  we  have  alrcudy  Uated]  iu  general  and  imreftriSed 
terms. 

But  tbe  powers  given  to  Congrefs  (except  in  an  inflance  to  h9, 
hereafter  noticed)  are  difinite  in  weir  terms f  and  appropriated  ift  thehr 
objeSs. 

Let  us  afk,  then,  by  what  rule  of  cooflruftion  a  power  primarily 
and  fpecifically  given  to  one  body,  can  be  afTumed  and  cxcrcifed  by 
another,  to  which,  m  a  JitbJequeHt  clau/et  a  naere  general  authority  is 
given  ? 

Upon  the  common  law  principles  of  cooftrui^on,  the  fpeeijio 
powers  would  clearly,  in  fuch  a  cafe,  be  deemsd  a  refervation  and 
exception  out  of  the  general  grant.  But  even  according  tu  a  rule 
furniihed  by  tbe  confUtution  iuelf,  the  fame  rcfult  will  be  produced^ 
Thus,  the  twelfth  ratified  amendment  declares,  "  that  ti;e  powers 
not  delegated  to  the  United  States  by  the  coniUtutiou,  are  referved 
to  the  iFatcs  refpedtively,  or  to  the  people."  Now,  if  the  general 
power  granted  for  the  purpofe  of  making  treaties,  can  fct  at  nought 
the  jurifdidioB  fpecifically  given  to  Congrefs  for  the  purpofe  of  mak- 
ing laws,  may  it  not,  with  equal  propriety  and  effect,  overleap  th* 
boundary  thus  interpofed  between  popular  rights  and  conftituted 
powers  ?  In  the  one  cafe,  the  refervation  is  expreiily  declared — \Bk, 
the  other,  it  is  neceflarily  im])lied. 

(2.  But  if  the  del^ation  of  a  ^«n«ra/ /ew</*  does,  ipfo  faSo^  cob« 
vey  a  right  to  embrace,  in  the  exercife  of  that  power,  every  authority 
not  incompatible  with  its  objcds,  the  confequcnce  will  be,  that  Cvn' 
gr*/s  may  enter  into  treaties  as  well  as  the  prudent  asd  fnaic. 

For,  Congrefs  is  vefted  widi  a  jurifdidHon  *<  to  make  all  lawfl, 
which  fhall  be  necefTary  and  proper  for  CHrrying  into  ex«cutioft  their- 


li' 


% 


I' 


':!■■'  ' 


146 


FEATURES  OF 


own  powers:"  and  what  laws  are*  in  that  refped,  neceflary  and 
pn^per,  they  muft,  from  the  nature  of  the  thing,  be  the  judge. 

Su{^fe,  tbereforejHhSt  Congrefs  was  defirous  of  forming  an  aiR-  . 
Mtice,  o^^ve  and  ttejdffivet  with  France^  but  could  not  obtain  the  . 
conftitutrahal  number  of  two-thirds  of  the  fenate  for  accompliibing 
the  roeafure  hf  tnatyy — an  a8  ofCongrefti  in  order  to  regulate  commerce 
mtb  that  natit.i,  would  afford  as  e^edhial  a  mode  (according  to  the 
new  doArine)  fince  the  adl,  oil  the  pretext  of  an  equivalent  for  com- 
merpial  advantages,  might  legijlate  us  into  the  coveted  alliance.  The 
temptation  and  facility  of  proceeding  in  this  way  is  obvious  ; — ^the 
paffing  of  a  law  requiring  but  a  majority  of  the  fenate ;  whereas  the 
ratification  of  a  treaty  requires  the  concurrence  of  two-thirds  of  the 
members  of  that  body. 

(3.)  It  is  not,  however,  neceflary  to  mingle  and  confufe  the  de- 
partments of  our  government,  contrary  to  the  firfl  principles  of  a 
Dree  republic  ;  nor  to  make  a  part  of  our  political  fyftem  equal  to  the 
whole,  contrary  to  the  foundeft  axioms  of  demonftrative  philofophy, 
in  order  to  give  a  ju(t,  efficient  and  falutary  effeA  to  the  treaty- 
making  power  of  the  prefident  and  fenate.      For  although. 

In  die  Jirfl  place,  the  treaty-making  power  cannot  bind  the  nation 
by  a  decifion  upon  any  of  the  fubjeds,  which  the  conftitution  exprefsly 
devolves  upon  the  kgijlative  power : 

Yet«  in  the  fecond  place,  the  treaty-making  power  may  negociate 
conditionally,  refpedting  the  fubjedls  that  conftitutionally  belong  to 
the  decifion  of  the  legiflative  power ; 

And,  in  the  third  place,  every  other  fuljeS,  proper  for  the  national 
coropad  of  a  republic,  may  be  negociated  and  abjolutely  concluded  by  . 
the  treaty-making  power. 

(4.)  That  fuch  a  diftindion  was  intended  by  the  framers  of  our 
prefent  excellent  conftitution,  the  reafons  that  have  been  glanced  at, 
muft,  it  is  thought,  Aifficiently  prove  to  every  ingenuous  mind  :  But 
let  one  argument  more  be  adduced. 

By  the  ninth  article  of  the  old  confederation,  it  was  declared, 
(*  That  tlie  United  Sutes,  in  Congrefs  afTembled,  fhall  have  the 
Joik  and  exclufive  right  and  power  of  determining  on  peace  and  war  J* 

By  the  exifting  conftitution  of  the  United  States,  it  is  provided, 
**  That  Congrefs  ftiall  have  power  to  declare  war,  grant  letters  of 
marque  and  reprifal,"  &c. 

Now,  it  is  evident,  that  by  omitting  to  depoHt  with  Congrefs  the 
power  of  making  peace,  in  addition  to  the  power  of  declaring  war, 
the  framers  ol  our  prefent  government,  had  in  fall  view  the  divifion 
of  its  department,  and  the  correfponding  diftribution  of  its  powers. 

Congrefs,  under  the  confederation  was  zftngle  body,  and  therefore, 
oeceiTarily  pofTefted  of  all  the  little  legiflative,  executive,  and  judicial 
authority,  which  the  flatet  had  been  pleafed  to  delegate  io  the  union. 

The  government  of  the  United  States,  on  the  contrary,  is  a  com- 
pound fyflem,  of  which  the  Congrefs  is  only  the  legiflative  department  s 
and,  therefore,  the  executive  and  judicial  iun^ioofi  are  elfewhere  tQv 
be  fought  for  and  exercifed.  "-' '■ 


Mr.  JAY'S  TREATY. 


»#• 


Hence  it  is,  that  although  the  power  of  declaring  nuar  it  (as  it 
tught  to  be)  lefi  with  Congrefit  the  power  of  making  peace  u  (as  it 
ought  to  be)  transferred  to  the  executive j  being  a  natural  appendage 
of  the  general  power  of  making  treaties. 

This  dedudtbn  ferves  likewife  to  demonftrate,  that  the  framers  of 
the  conftitutioO,  did  not  intend  to  leave  the  powers  tiiat  ^xtfpetifieallj 
given  to  Congrefs,  at  the  mercy  of  the  power  that  is  generally  given 
to  the  prefident  and  fenate.  By  exprefling  a  pofitive  jurifdidion  in 
favoiir  of  the  former,  it  excludes  a  claim  of  juirifdidion  in  farour  of 
the  latter. 

(5.)  Nor  is  it  in  the  power  of  making  treaties  only,  that  the  conlH- 
tution  has  abridged  the  executive  department  of  its  cuftomary  attributes, , 
in  order  to  augment  the  fources  of  legiflative  jurifdiaion. 

Ih  Great  Britain  (for  inftance)  the  executive  poflefles  the  power  of 
making  peace ;  of  granting  letters  of  marque  and  reprifal ;  of  regulat- 
ing weights  and  meafures;  of  coining  money,  regulating  the  value 'f 
thereof^  and  of  foreign  coins  ;  of  eret^ng  courts  of  judicature  ;  of 
conferring  the  rights  of  denizenfhip  on  aliens,  &c.  &c. 

In  the  United  States  the  power  for  dl  thofe  purpofes  is  abfolately 
vefted  in  the  legiflature. 

15.  On  reviewing  the  various  portions  that  have  been  taken  in 
the  courfe  of  thefe  ftridures,  a  defire  is  felt  to  exhibit  the  corrobo* 
rative  opinions  of  men  who  have  been  juftly  valued  by  the  public: 
It  will  be  ufeful  to  the  reader,  as  well  as  pleafing  ^o  the  writer,  to 
indulge  the  difpofition  in  a  few  infttinces,  and  in  a  brief  manner. 

( I.)  It  has  been  faid,  that  the  power  of  regulating  commerce  belong- 
ed to  Congrefs. 

The  report  of  Mr.  Mafon  (a  member  of  the  federal  convention) 
on  that  iubje£l,  was  delivered  in  the  convention  of  Virginia  as  fol- 
lows :  "  With  refpedt  to  commerce  and  navigation,  I  will  give  you, 
to  the  bed  of  my  information,  the  hiftory  of  that  affair.  This  bu- 
finefs  was  difcdTed  [in  the  convention^  at  Philadelphia  for  four 
months ; ,  during  which  time  the  fubjeA  of  commerce  and  navigation 
was  often  under  confideration  ;  and,  I  a/Tcrt,  that  eight  out  of  twelve, 
for  more  than  three  months,  voted  for  requiring  two-thirds  of  the 
members  prefent  in  each  houfe  to  pafs  commercial  and  navigation 
laws.  True  it  is,  that  afterwards  it  was  carried  by  a  majority  as  it 
(lands.  If  I  am  right,  there  was  a  great  majority  for  two-thirds  of 
the  dates  in  this  buHnefs,  till  a  compromife  took  place  between  the 
northern  and  fouthern  Hates ;  the  northern  dates  agreeing  to  the 
temporary  importation  of  flaves ;  and  the  fouthern  dates  conceding, 
return,  that  navigation  and  commercial  laws  diouid  be  on  the 


m 


footing  in  which  they  now  dand." 

(2.)  It  has  been  faid,  t\i3X  the  treaty-making  power  could  not  cede  » 
fart  of  the  union^  norfurrender  a  citizen  to  be  pumjbed  as  a  pirate. 

The  opinion  of  Mr.  Randolph  (a  member  of  the  federal  convcn' 
tion,  and  now  fecretary  of  date)  aelivered  in  the  fame  convention, 
cootauis  the  folloviog  pailage  :     *'  I  conceive,  that  Qeithn:  the  lif^. 


ifli 


/I: 


'';'--i< 


hs 


FEATURE^  Or-s^^' 


nor  the  property  of  any  cMaen,  nor  the  particular  right  of  any  ftate, 
can  be  effeAed  by  a  treacy.'* 

Mf.  Madi/an,  aifo,  jufUfying  and  recommencing  the  adoption 
of  the  conftitution  to  his  fellew  citizens,  fays,  vith:  rtfye€t  to  the 
trtatymaikg  fitwer — <*  I  am  perfuadcd,  thftt  whea  thi«  p»wer  comes 
to  be  thoroughly  and  csmlidiy  viewed,  it  will  be  fomd  right  suid  pro^ 
per.  Does  it  follow,  becaufe'this  power  is  given  toCongrefii,  that 
it  is  obfolnte  and  Hnliraifted  ?— 4  do  not  conceive  that  power  it  ^*en  ' 
to  the  prefident  and  ienatc  to  difmember  the  empire,  orfo  riienate 
any  great,  efTential  right.  I  do  not  think  the  whole  legidltifve  an- 
thoriey  have  this  power.  The  CH«veife  of  the  power  nnft  be  ooaiift- 
eat  wkh  the  ofajeft  of  the  delegation," 

(3.)  It  has  been  faid^  the  right  of/uJpetuiiHg  a  commercial  intercourfe 
wbhatiy  nation-y  and  the  right  offiquifiering  an  enemfs  propertji  ttc 
were  rights  eJentieU  to  em  indepenaent  gwemmeittt  and  retognijed  bf  th» 
law  of  tuntims, 

fOtel  contains  the  following,  among  many  other  parages  on  ihoCt 
fubjefts  : 

"  Every  ftate  has  a  right  to  prahibit  the  entrance  of  foreign  mer- 
chandifc,  and  the  people  who  are  interefted  hove  no  right  to  com- 
plain of  it,  as  if  they  had  been  refufed  an  office  of  humanity;"  B. 
I.  c.  8.  f,  90. 

*'^  It  depends  on  the  will  of  any  nation  to  carry  on  commence  with' 
another,  or  to  let  it  alone."     Ibid.  f.  92.  f-i 

**  The  goods  even  of  the  individuals  in  their  totality  ought  to  be 
confidered  as  the  goods  of  the  nation,  in  regard  to  other  ftatee.  From 
an  immediate  confequence  of  this  principle,  if  one  nation  hiH  a  right' 
to  any  part  of  the  goods  of  another,  it  has  aright  indifferently  to  the 
goods  of  the  citizens  of  that  part,  till  tiie  difcharge  of  the  oUiga- 
tion;"     Ibid.  f.  81,  82. 

<*  It  is  not  always  neceHary  to  nave  recourfe  to  arms,  in  order  to 
puniih  a  nation  :  the  offended  may  take  from  it,  by  way  of  puniih- 
ment,  the  privileges  it  enjoys  in  his  dominions  ;  feizc,  if  he  has  an' 
opportunity,  on  fome  of  the  things  that  belong  to  it,  and  detain  them 
till  it  has  given  him  a  juft  fatisfadion."     B.  2.  c.  18.  f.  340. 

**  When  a  fovereign  is  not  fatisfied  with  the  manner  in  which  his 
iiibjedh  are  treated  by  the  laws  and  cuftonu  of  another  nation,  he  is 
at  liberty  to  declare,  that  he  will  treat  the  fubjeds  of  that  natson  in 
the  fame  manner  that  his  are  treated."     Ibid.  f.  341. 

(4.)  It  has  been  faid  that  the  conftitution  ou^t  to  be  prefenred 
Jiich  as  the  people  have  made  it ;  that,  of  courfe,  the  departments  of  go> 
vemment  ought  to  be  kept  feparate  and  diflinfl,  each  revolving  in  its 
proper  orbit,  and  that  no  other  judicial  tribunal  could  be  ereAol  by  a 
hwofthe  legi/lative  poweTy  much  lefs  by  a  treaty  of  the  eKtcutive  power, 
than  what  the  conjtitution  prefcribesy  or  exprejsly  permitt. 

On  this  interefting  fttfajetf);  we  fortunately  poflefs  the  opinionB  of 
the  judges  of  the  fupreme  court,  and  of  the  judges  of  fome  of  the 
diftridl  courts,  in  the  «afe  of  the  iCt  of  Congrefs  (already  mere  than 


Mr.  JAY'S  TREATY. 


»49 


once  alluded  to)  it/tich  they  have  unanimou/ly  adjudged  to  be  wifon- 
^itutimal  and  void. 

Eztradlfrom  the  opinion  oi  judge*  Iredell  andSiTOREAVES. 

**  Firft :  That  the  le^flative,  executive  and  judicial  departments 
are  each  formed  in  a  feparate  and  independent  manner ;  and  that  the 
ultimate  l^fis  of  each  is  the  conftitution  only;  within  the  limits  of 
which  each  department  can  alone  juftify  any  a^  of  authority. 

*<  Secondly  :  That  the  legiflature,  among  other  important  powers, 
unqueftionably  poiTefTes  that  of  eftabliihingcourtSfinfuch  a  manner  as 
to  dieir  wifdom  fhall  appear  beft»  limited  by  the  terms  of  the  confli- 
tution  only  ;  and  to  whatever  extent  that  power  may  be  exercifed» 
or  however  fevere  the  duty  they  may  think  proper  to  require,  the 
judges,  when  at^inted  in  virtue  of  any  fuch  eftablifhment,  owe  im- 
plicit and  unreierved  obedience  to  it. 

**  Thirdly :  That  at  the  fame  time  fuCh  courts  cannot  be  warrant- 
ed, as  we  conceive,  by  virtue  of  that  part  of  the  conftitution  dele- 
gating ^'iM/rria/  pov/eTi  for  the  exercife  of  which  any  aA  of  the  legifla- 
ture is  provided,  in  eJcerciling  (even  under  the  authority  of  another 
.  "X)  any  power  not  in  its  nature  judicial,  or  if  judicial,  not  provided 
J      ./J  on  the  terms  the  cott/Htutlon  requires. 

'  ourtbly:  That  whatever  doubts  may  be  fuggcfted,  whether 
Si^  ^ower  in  queftion  is  properly  of  a  judicial  nature,  yet  iniifmuch  as 
the  decilion  of  the  court  is  not  made  final,  but  may  be,  at  leaft, 
fufpended  id  its  operation  by  the  fecretary  at  war,  it  he  (hall  have 
caufe  to  fulpcft  impofition  or  miftake,  this  fubjedts  the  decifion  of 
"the  court  to  a  mode  of  reviiion,  which  we  conlidcr  to  be  unwarranted 
by  the  conftitution  :  For,  though  Congrefs  may  certainly  eftablifh,  in 
inftances  not  yet  provided  for,  courts  of  appellate  jurifdlftion  ;  yet, 
fuch  courts  muft  condft  of  judges  appointed  in  the  manner  the  conAt- 
.  tution  requires,  and  holding  their  offices  by  no  other  tenurcthan  that 
of  their  good  behaviour  ;  by  which  tenure  the  office  of  fecretary  at 
war  is  not  held.  And,  we  beg  leave  to  add,  with  all  due  deference, 
that  no  decifion  of  any  court  of  the  United  States  can,  under  any 
circumftances,  in  our  opinion,  agreeably  to  the  conftitution,  be  liable 
to  a  reverfion,  or  even  fufpenfion,  by  the  legiflature  itfelf,  in  whom 
no  judicial  power  of  any  kind  appears  to  be  veiled,  but  the  import- 
ant one  relative  to  impeachments." 

£xtra(fl  from  the  opinion  of  judges  Wit  sost  Glair,  and  Peters. 

*•  The  people  of  the  United  States  have  veiled  in  Congrefs  all 
legl/lathe  powers,  granted  in  the  conftitution. 

"  They  have  veiled  in  one  fupreme  court,  and  in  fuch- inferior 
courts  as  the  Congrefs  fhall  eftablifh,  the  judicial  power  of  the  United 
States. 

"  It  is  worthy  of  remark,  that,  in  Congrefs,  the  whole  legiflative 
power  of  the  United  Slates  is  not  veftcd  :  an  important  part  of  that 
power  was  exercifed  by  the  people  themfelves,  \yhen  tliey  •  oidainld 
and  eftabliflicd  ths  conftitution. *  -  ''       .  '  *  ' 

U  '    '         • 


I'"  ! 


m' 


m 


"ts 


•1 


i:v 


^50 


'FEATURES  OF 


«<This  conftitution  is  the  «  fupremc  law  oF  Ae'lantl:*  TRiwfc- 
preme  law,  *  all  judicial  officers  of  the  United  States  are'bouiidt  ty 
oath  or  affirmation  to  fupport.' 

"It  is  a  principle  important  to  freedom,  that  in  govermneDt,  the 
jv^ic'ml  Khould  1)c  difiindl  from,  arid  independent  bf,  thel^giflative 
department.  To  this  important  principle,  the  people  6^thleXJj[litC(l 
States,  in  forming  their  coniHtution,  have  Manif^fted  the  higheft 
regard.  .  . 

.^.■**  They  hate  placed  their  _/i«/if«a/  power,  not  in  CoiJgJ'Cfs,  but  in 
*  courts.*  They  have  ordained,  that  •  the  judges' '  of  ttfbfe  totut» 
fhall  hold  their  offices  during  good  behaviour;'  antl  tht(t,  'duritlj 
their  continuance  in  office,  their  falaries  fhall  not  be  dimittifhed.' 

**  Cohgrefs  have  lately  pafTed  an  aft  *  to  regolste  (dnfortg  Othier 
things)  the  claims  to  invalid  pcnflons.' 

**  Upon  due  conflderation,   "we   have   been   tl6i((fftiMf^fIy  lof  Opi« 
,  nion,  that,  under  this  atfl,  the  circuit  court,  held  for^'the^Pennfylvania 
diftri(ft,  could  not  proceed : 

"  Firfit  Becaufe  the  bufmefs  diredled  by  this  a£b,  is'notof  a  jtiiK- 
cial  natur" ,  It  forms  no  part  of  the  power  vefted  bythe  confHtdtfon 
in  the  courts  of  the  United  States ;  the  circuit  court  mufl,  conie- 
^uently,  -have  proceeded  without  conflitutional  authority. 

**  Secondly^  Becaufe,  if,  upon  that  builnefs,  the  Court  had  pro- 
ceeded ;  itt  judgments  (for  its  opinions  ate  its  judgments )")»ii^/, 
under  the  fame  ady  have  been  revifcd  and  controuled  iy  the  legiflaturet 
and  by  an  officer  in  the  executive  department.  Such  revifi'on  and  con- 
troul,  we  deemed  radically  inconflftent  with  the  independence  of 
that  judicial  power,  which  is  vefled  in  the  courts  ;  and,  eonfequentiy, 
with  that  important  principle,  which  is  fo  (Iridtly  obfetved  by  tile 
'  Conftitution  of  the  United  States." 

ExtraA  from  the  opinion  of  chief  jujllce  Jay,  XnA  judge* Cvt^tvtca  ■ 
and  DuANE. 
.   ,  "  The  court  were  unanimoufly  of  opinion, 

**  FirJ,  That  by  the  conftitution  of  the  Urtited  States,  the 
government  thereof  is  divided  into  three  di(Hn£l  and  independent 
branches  ;  and,  that  it  is  the  duty  of  each  to  abfiainfi^om,  and  efpofey 
encroachments  on  either* 

,  ,  *'  Secondly  J  That  neither  the  legiflative  nor  the  eHeciitivk  branhhts, 
dan  conftitutionally  aflign  to  the  judicial  any  duties,  but  fuch  as  are 
properly  judicial,  and  to  be  performed  in  a  judicial  manner. 

**  Thirdly,  That  the  duties  affigned  to' the  circuit  court  by  the  aft 
in  queftion,  are  not  of  that  defcription  ;  and  that  the  aft  inelf  does 
not  appear  to  contemplate  them  as  fucb  ;  inafmuch  as  it  fubjefts  the 
decifion  of  thefe  courts,  made  purfuant  to  thofe  duties,  firft  to  the 
conflderation  and  fufpenfion  of  the  fecretary  at  war,  and  then  to  the 
reviflon  of  the  legiflature  ;  whereat,  by  the  conjlitution,  neither  the  fecre- 
tary at  war,  nor  any  other'  executive  officer,  nor  even  the  legi/latttre,  are 
authorifed  to  fit  as  a  court  of  errors  on  the  judicial  aBs  or  opiMons  of 
this  court.  .  , 


r/| 


I" 


Mr.  JAY'S  TREATY. 


»5« 


SUCH,  upon  the  whole,  are  **  Ths  FsjItvuss  or  Mr.  Jax^s 
TksjTr"  It  was  not  iot^ndcd  to  protr^^  tl>is  iketch  of  them  to 
fo  great  a  length ;  and  yet,  more  circumftanees  are  recolle^cd,  that 
might  have  been  inferted,  than  could,  upon  fi  fair  recondderation,  be 
retrenched.  If  it  (hall,  in  any  decree  ferve  the.  purpde^  of  truth,,  by 
leading,  dlrou^  the  medium  of  a  candid  inyeftigation,  /» it  yiuV^ 
konmraUe,  .and patriotic  ikcjfion,  the  deHgn  with  which  it  was  writtea 
will  be  completely.  acconipliAied,  whether  ti4TJeiC4TioN  or  K^yKC- 
s-."?.v  is  the  refult. 

But,  before  the  fubje(fl  is  clpfed,  let  the  aitizens  of  the  union  be 
warned  from  too  credulous  an  indulgence  oi  theif  prejudicet  and^ their 
Jears.  The  difcordant  cry  of  party  is  loud )  and  the  phantoms  of 
war  aiTail  the  imagination  :  yet,  let  us  not  be  deluded  by  ilratagem, 
nor  vanquifhed  by  terror.  The  queftion  is  not  a  qucdion  between 
party  and  pany,  but  between  nation  and  nation  : — it  is  not  a  quef* 
tion  of  war  or  peace,  between  military  powers ;  but  a  queftion  of 
]^licy  aipd  'WV^i^  between  conunercial  rivals.  Tl>e  fu^e^  is  too 
iWMneiitOVi^*  tP.  be  treated  a«  the  fbot-baU  of  contending  fa^ion^  ; — • 
it  appeals;  &on)  d»^  p^fliont  tp  thf  judgn^eati  froni  tliie  jre]40>i).efs  to 
the  patriotnihi  of  ^ery  citizen  1 

That  thfi  JSt^i/h  treaty t  pr  a  Bfittflf  w(ir,  is  a  nfceffarj  alternattve^ 
will  be  pojpe  fiilly  contrpyected,  if  the  writer's  preileQjt  intention  of 
deli«^aM|}£  *<  fs4Tf/M5  OF  THR  Dkfknce"  fliaU  be  carried  intQ 
r^ki&i,  ]pMt,  in  tlie  mean  time,  let  a  few  felf-evident  prppolitions 
contribute  to^  relieve  the  public  mind,  fron^  tl;e  wej^lit  of  that  ap< 
prehenfion. 

1.  The  difpofition  of  Great  Britain,  maoifefled  by  the  order  of  tHe 
6th  pf  November,  1793,  by  the  fpeech  of  Lord  X>orchelter  to  the 
Indian^  aad  by  the  repeated  iuvalions  made,  under  General  Sim- 
coe's  authority,  upon  pur  territory,  is  mtuvally  hojUle  to  the  United 
States, 

2.  £«en  if  the  United  States  could,  by  any  means,  foothe  and  con* 
vert  that  difpo^tion  ifito  amity  and  peace,  the  proj(iled  treaty  is  tqo 
high  a  price  to  pay  for  fuch  a  change. 

3.  The  refiual  to  enter  into  the  projefted  tl-eaty  with  Great  Bri- 
tain, is  n<)t  a  ju/l  (ciufe  of  -war;  and  if  a  pretciKe,  only,  is  wanting, 
it  may  be  fquod  in  ^e  toafts  at  oiur  feftiyals,  as  well  as  in  the  a(fls  of 
oiu*  government. 

4.  But  the  ratificadon  of  the  treaty  will  aifuredly  give  uipbr^e  to 
another  nation—-Xo  an  ancient  ally. 

5.  If  war  is  inevitable  either  with  Great  Britain,  or  with  France, 
it  would  be  more  politic  for  the  ftate,  more  congenial  to  the  fenti- 
ments  of  tj»e  people,  to  engage  tiiq  former,  than  the  Utter,  power. 

6.  In  cafe  of  a  war  wilh  Gr;at  Britain,  we  have  aflurancc,  that 
France  will  aid  us  with  oil  the  energy  of  her  triumphant  a.ms. 

-  r  7.  In  cafe  of  a  war  with  Fraqce,  we  ought  not  to  count  u][on  the 
affeitionsy  and  we  cannot  rely  upon  tlie  power,  of  Great  Britain,  to 
befriend  us. 


\\,'r:-' 


-     II. 


[     15*    3 


[from    the    PHILADELPHIA   GAZETTE.] 


i>  '1 


fTiew  of  the  Commerce  of  the  United  States^ 
as  itjiands  at  prefenty  and  as  it  is  fined 
by  Mr.  yafs  Treaty, 


'■'  I.  Aawd State. 

AMERICAN  (hips  from  Europe  enjoy  a  protecting  duty  of 
ip  per  cent,  on  the  amount  of  duties  on  goods»  wares,  and 
merchandiles,  imported  into  ithe  United  Sutes  in  foreign  bottoms 
from  Europe,  and  of  ^  to  50  per  cent,  on  teas  imported  in  foreign 
bottoms  from' A  fia  or  Europe,  paid  by  foreign  bottoms,  more  than 
is  paid  on  fuch  goods  ifnported  in  our  own  vefTels.  .  Foreign  bottoms 
pay  alfo  44  cents  a  ton  on  every  voyage,  more  than  is  paid  by  Ame- 
rican {hipping ;  all  which  had  been  allowed  by  the  federal  govern- 
ment, to  encourage  American  fliip-builders,  mariners,  mechanics, 
merchants,  and  farmers. 

I.  State  by  Treaty. 
By  treaty,  America  cedes  to  Great  Britain,  the  right  of  laying 
duties  on  our  (hips  in  Europe,  the  Weft  Indies,  and  Ada,  to  coun- 
tervail thefe,  and  engages'  Aot  to  encreafe  her  duties  on  tonnage  on 
this  fide,  fo  as  to  check  the  exercife  of  this  right :  in  confequence 
Britifli  (hips  may  be  put,  at  the  difcretion  of  the  Britifti  government, 
on  exa£Uy  the  lame  footing,  as  American  (hips  in  the  carrying  trade 
of  Europe  and  Afia. 

i.  jiaual  State. 
Americn  fhips,  of  any  fize,  now  go  freely  to  all  the  Britifh  Weil: 
Indies,  fell  their  cargoes,  and  bring  returns  as  it  fuits  them. 

%.  State  by  Treaty. 
By  treaty  American  (hips  are  to  be  reduced  tofeventy  tontf  in  or- 
4er  to  be  admitted  ip  the  Britifh  Weft  Indies. 

3.  Jaual  State. 

American  /hips  may  now  freely  load  melafTes,  fugar,  coffee,  co- 
Qoa,  or  cotton,  to  any  part  of  the  world  from  the  United  States. 

3.  State  by  Treaty. 

By  treaty  Arnerican  fhips  are  to  be  totally  prohibited  this  com- 
merce, which  is  to  be  carried  on  under  any  flag  but  theirs. 

4.  jlSual  State. 

American  citizens  can  now  go  fupercargoes  to  India,  fettle  and 
refide^  and  do  their  bufinefs  there. 


VIEW  OF  THE  COMMERCE,  &c. 


m 


fates, 
ixed 


.  „.,.;V 


duty  of 

res,  and 

bottoms 

a  foreign 

ore  than 

bottoms 

by  Ame- 

il  govern- 

echapics, 


of  laying 
to  coun- 
nnage  on 
ifequence 
ernment, 
iog  trade 


ilh  Weft 

<*,  inor- 

ffee,  co- 
ates. 

his  com- 
ttle  and 


4.  State  by  Treaty. 
By  treaty  no  American  citizen  can  fettle  or  reilde  in  thefe  ports, 
or  go  into  the  interior  country,  without  fpecial  licence  from  the  local 
government,  who  may,  under  colour  of  this,  impofe  what  obftaclet 
they  pleafe  to  the  commerce. 

5.  jlBual  State. 

America  now  enjoys  the  right  of  regulating  commerce,  (b  as  to 
encourage  one  nation  and  difcourage  another,  in  proportion  to  benefits 
received,  or  injuries  felt  refpeftively. 

y    State  by  Treaty, 

All  this  aband*^"  \  \  treaty  fo  fax  as  refpedls  Great  Britab  ; 

no  duties  can  b«.  .  'd  or  'ritifli  goods  but  what  .i>ii  zpply  to  all 
other  natiotas  firom  whom  we  import  goods — no  enioargoes  on  ex- 
ports to  Britifh  ports,  but  what  muft  apply  to  all  nations  alike. 

6.  Jaual  Stats. 

American  fhips  now  freely  navigate  to  the  Britifli  dominions  in 
India,  and  from  thence  proceed  with  cargoei  10  any  part  of  the 
world. 

6.  State  by  Treaty. 

By  treaty  American  fhips  are  admitted  as  ufual  into  the  Briufh 
ports  of  India,  but  prohibited  carrying  any  return  cargoes  except  to 
the  United  States;  prohibited  alfo  from  the  coafting  trade  in  the 
Britiih  ports  of  India,  from  which  they  were  not,  that  I  know  of, 
before  excluded. 

7.  ABaal  Stale. 

*  Timber  for  (hip-building,  tar,  or  rozin,  copper  in  fheets,  fails, 
hemp,  cordage,  and  generally  whatever  niay  ferve  diredly  to  the 
equipment  of  veflelsj  not  contraband  by  former  treaties  of  the  Uni- 
ted States. 

7.  State  by  Treaty. 

All  thefe  articles  made  contraband  by  this  treaty. 

8.  Aaual  State. 

American  (hips  carrying  providons,  by  America  claii^ed  as  hav- 
ing a  free  right  of  pailage  to  the  ports  of  their  deftination. 

8.  State  by  Treaty. 

This  claim  now  apparently  waved ;  fuch  American  fhips,  when 
taken,  to  be  allowed  indemnity  of  freight,  demurrage,  and  a  rea- 
fooable  mercantile  profit,  the  amount  whereof  not  afcertained. 

9.  Jaual  State. 

American  ports  open  to  prizes  made  on  Britain  by  France  ;  and 
America  pofrefTed  of  the  liberty  to  grant  fimilar  douceurs  to  other 
nations,  as  flie  fees  fit  in  future  <:ompa(fts  with  them. 

9.  State  by  Treaty. 

American  ports  now  opened  to  prizes  taken  by  Britain  from  any 
nation  except  France,  but  fhut  to  prizes  taken  from  Britain  by 
Spain,  or  any  other  power  not  favoured  in  this  way,  by  treaties  al- 
ready made  ;  of  courfe  difcouraging  to  our  future  negociaticns  with 
all  powers,  France  and  Britain  excepted.  *?    ^  . 


■in 


111. 


11;: 


ft'      'I 


'i 


»5* 


VIEW  OF  THE  COMMERCE 


1' 


r 


vX 


lO.  jiSual  State, 
Amsrican  fhi|m  allowed  at  prefent  freely  to  enter  Britifli  porta.in 
iuFdpe»  the  Weft  Indies  and  Alia,  but  ihut  out  from  the  tea»]^rtt^ 
4^  IkkMk-^Scotia  aad  Canada. 

10.  State  bj  Treaty, 

American  (hips  allowed  to  co  into  the(e  ports*  but  under  new 
ttftridibnft  of  fiMr  in  the  Weft  Indies,  and  of  latitude  pf  trada  in 
the  Eaft  Indies }  the  poru  of  Hali&x,  Quebec,  &c.  |hl[  ihut  tQ. 
America. 

II.  4SualStaU, 

American  fitips  tins  partially  allowed  entr^noe  into  Britiihports^ 

11.  State  by  Treaty, 

Briftiih  fhips  allowed  univerfai  entrance  into  all  our  ports. 

13.  jBuul  State, 

American  (hips  pow  fail,  though  nqt  under  naval  protection,  under 
Ipuramee  of  all  the  Britiib  effeds  ppiTetfed  here,  which  might  be 
nfede  anfweraUe  for  our  floating  property,  if  unjaftly  feized  on  b)^ 
Great  Britain  in  cafe  of  a  war,  lo  much  apprehended  by  the  chamb<a' 
pf  commerce  of  New- York. 

12.  State  by  Treaty, 

"Bif  treaty,  A>nerican  ihips  deprived  of  this  guarantee ;  (equeftra- 
titat  or  confifcations  being  declared  impolitic  and  unjuft,  when  ap- 
plied to  ftocks,  or  banks,  or  debts ;  though  nothing  faid  about  them 
when  applied  to  fhips  or  cargoes. 

13.  jlSual  State. 

Britilh  debts  now  recoverable  in  the  federal  courts  of  the  United 
States,  but  repoGng  on  the  fblvency  of  the  debtors  only. 

13.  State  by  Treaty. 

By  treaty  a  new  court  of  commiffionefs  opened  on  this  fubjeA,  with 
immenfe  power  and  guarantee  of  die  United  States,  who  inuft  meet, 
indeed,  at  Philadelplua,  but  may  adjourn  where  they  pkafib.  No« 
thing  faid  of  debts  due  to  Americans  in  England,  if,  by  legal  im- 
pciimients,  prevented  from  recoyery  there. 

14.  ASual  State. 

America  fends  Mr.  Jay  to  recover  redrefs  for  fpoliations  on  our 
«gltimerce  a^ually  Aiftained. 

14.  State  by  Treaty, 

By  treaty  a  court  of  coinmiffioners  opened,  who  are  to  fit  in  Lon? 
don  without  power  of  adjournment,  as  in  the  cafe  of  the  commilTion 
'for  debts.  Americans  muft,  therefore,  traofport  themfelves  and 
claims  to  London,  and  employ  counfel  there,  to  recover  what  the 
commiffioners  (hall  think  fit  to  allow  th^m :  admirable  compenfation 
indeed! 

15.  ABud  State. 

American  (hips  much  plagued  by  Britifh  privateers.  f 

\\.  StaUby  Treaty. 
^    By  treaty  the  piivateerfmen  are  to  give  15,00!.  to  3000I.  fl^rling 
fecurity  for  their  good  behaviour. 


O?  THE  TJNITED  STATES. 


W 


i6.  ^OmtlStaU, 
'AtMrioon 'citiieoi  may  now   expttnate  'iia4  liinrve  ia,fi}ffag|i 
'tipiititrics. 

1 6.  Str.te  by  Treaty. 
^  By 'treaty  th«y  are  declared  piiatcs,  if  ieryiagtagaiaA  Gffat-iBrU 
(fMB  }  but  no  provifion  made  to.giHfid.Am«ifiao  fanwniitypitlMwqt 
forced  to  ferre  m  BrittHi  (hips. 

17.  ASuaiSktU. 
'America  poflciTes  claims  ,to.a.large . amount  nnMCOUHtioSvwm 
^earricd  dff,  and  ^tlM  WeftcxaJBoib  .dctUM^iain riiM9l«M)n  -m^tj/fi 
treaty  of  1783. 

■I'],  SiaUbyTnti^y, 
Thefe  claims  all  waved.  Iiy  the  treaiy)  fVithQiit,j«famp«e  lAiUie 
%ierit9  of  thefe  pretenfions. 

^ The  eafUng  tn>  of  theabove,  .it  fuhmitted  io  tJie  .Chamber ofCflOH 
Mpserce  of  New-York. 

Errors,  outftandings,  and  omiffioBt  Axcepted* 

PkiJatUlfbia,  July  ij,  1795. 


li!' 


Refolutlms  of  the  citizens  of  Bojion^  vt%ii 
'meeting  legally  convened  by  the  SeleB-meny 
y^ly  13,  1 7  95  >  reJpeEling  the  Treaty: late- 
ly concluded  between  Lord  Grenville .and 
\Mr,  y.ay. 

"TJJESGLVED,  as  >  the  fenfe  of.  the  inhabitants  of  this  toww- 
XV  That  the  aforeTaid  inUrument,  if  rati6ed,  wiiU.bei.hi^ly^i^^i- 
^'rious  tothe  eommercial  intereftsof  the  United  States,,  derogatory  .to 
"t^eir  national  honour  and  independence,  and  may  .be  .danger9USt46 
thepeace:  and  happinefs  of  their  citizens. 

The  reafons  which  have  induced  tbisiopinionare.aSiibUaw,<«ye. 

1.  'Becaufe  this  compa*^  profe&sl^  have  no  reference  tOithA;ine- 
''tits  of  the  complaints  and'-pretenfions  of  the  contrafling  parties  t  .but 
-  in  Malitythe  complaintS'  and  pretentions  .of  Great  Bxitaio, areluily 

provided  for,  while  a  part  only  of  thofe  of  the  United  State^.M^e 
-|>een  brought  into  confideration. 

2.  Becaufe,  in  the  ftipulation  which  furrenders  i««r  pofts  pn;  libr 
..weflern  frontier,  no  providoo  is  made  to  indemnify  the  United  States' 


156 


RESOLUTIONS  OF  THE 


I!      '< 


for  the  commercial  and  other  •  loflcs  they  have  fuftained*  and  the 
heavy  expenfes  to  which  they  have  been  lubjeAed  irt  coniequence  of 
being  kept  out  of  pofl'eflion,  for  twelve  years,  in  diredl  violation  of 
the  treaty  of  peace. 

3.  Becaufe  no  indemnification  ii  to  be  made  to  the  citizens  of  the 
United  States,  for  property  taken  from  them  at  the  dofe  of  the  war, 
the  reftitution  of  which  is  provided  for  in  the  fame  treaty. 

4.  Becaufe  the  capture  of  vefTels  and  property  of  the  citizens  of  the 
United  States,  made  under  the  authority  of  the  government  of  Great 
Britain,  is  a  national  concern,  and  claims  arifmg  from  fuch  captures 
ought  not  to  have  been  fubmitted  to  the  decifion  of  their  admiralty 
courts,  as  the  United  States  are  thereby  precluded  from  having  a 
▼oice  in  the  final  determination  of  fuch  cafes. 

And  becaufe  the  indemnification  propofed  to  be  made,  is  to  be 
fought  by  a  procefs,  tedious  and  expenfive,  in  which  julHce  may  be 
delayed  to  an  unreafonable  time ;  and  eventually  loft  to  many «./ the 
fufferers,  from  their  inability  to  purfue  it ;  and  becaufe  this  mode  of 
indemnification  bears  no  proportion  to  the  fummary  method  adopted 
for  the  fatisfa^lioii  of  Britifli  claims. 

5.  Becaufe  this  compaA  admits  Britifh  fubjedls  to  an  equal  partici" 
pation  with  our  own  citizens,  of  the  interior  traffic  of  the  United 
Sutes  with  the  neighbouring  Indians,  through  our  whole  territorial 
dominions  ;  while  the  advantages  oftenfibly  reciprocated  to  our  citi- 
zens, are  limited  both  in  their  nature  and  extent. 

6.  Becaufe  the  alien  duty  upon  merchandife  imported  into  the 
United  States  by  Britifh  fubjedls,  in  their  own  bottoms,  is,  if  not 
wholly  fulpended,  at  lead  contraded,  not  to  be  increafed. 

7.  Becaufe  the  commerce  we  have  hitherto  enjoyed  in  India,  in 
common  with  other  nations,  is  fo  reftridted,  that,  in  fiiture,  it  will 
be  of  little  or  no  fubftantial  benefit  to  our  citizens. 

8.  Becaufe  in  every  flipulation  refpcding  our  intercourfe  with  the 
coloniaJ  pofleffions  of  Great  Britain,  the  whole  commerce  of  the  Uni- 
ted States,  in  fuch  intercourfe,  is  coloni%ed\n  return. 

9.  Becaufe  the  claufe  by  which  the  Britifh  government  referves  to 
itfelf  the  right  of  impofing  on  American  vefTels,  entering  Britifh  ports 
in  Europe,  a  duty  which  fhall  countervail  the  difference  of  the  duty 
payable  on  the  importation  of  European  and  Afiatic  goods  into  the 
.Ucited  States  in  Britifh  or  American  bottoms,  places  it  in  the  power 
of  that  government  to  enable  Britifh  fubjedts  to  become  the  importers 
of  Afiatic  and  European  goodi  into  the  United  States,  to  the  exclu- 
fion  of  our  own  citizens. 

10.  Becaufe,  although  thr  terms  of  faid  treaty  purport  to  be  re- 
ciprocal in  many  inflances,  yet,  from  the  local  fituation,  and  exifling 
circumftances  of  the  United  States,  and  the  pacific  fyflem  of 
policy  they  have  adopted,  the  reciprocity  is  merely  nominal  and  de- 
lufive. 

1 1.  Becaufe  it  prevents  the  United  States  from  impofing  any  fur- 
ther refhriAions  on  the  Britifh  trade  ahne. 


CITIZENS  OF  SOSTOV. 


«57 


n 


And(  becaufe  it  is  (Updated  that  neitlMf  the  d«btt  due  firoii  bdi- 
mituia  of  om  iiation  to  MnArkhMla  of  the  Mker,  nor  flurrea  oor  tao- 
tuM  which  tl^  naay  haiv>»  it  the  pubKc  fimdi,  or  in  any  nablic  or 
brinte  bank«f  IkaU  cvcf  ia  any  eveit  of  wiar  ot  national  diiKrences, 
m  ftqiMftercd  oe  coafiicafeed*-^!*  >•  far  ftona  bubg  impodiUe  that 
the  cxfereiTc  oi  du  ridht  may  in  the  opinion  of  the  national  Icgifla^ 
MM  contribote  to  pfcfcrve  the  peace  of  oor  eotintry,  and  proCeA  the 
mhta  and  property  df  the  otizens  from  violation ;  we  therefore 
•ieem  it  hi|^y  impt^tc  thai  the  public  faith  ihould  be  pledged  that 
it  flull  never  be  exercifed  under  any  eireumOances  whatever. 

I  z.  Bctiaofi;  it  cooaedei  a  right  to  the  Britifli  guvemraent  to  fearch 
lad  detaia  our  veflela  io  time  of  war>  under  frivolous  aad  vexatioua 
weteasis* 

13.  Becaofe  it  mm^  that  flup  timber,  tWp  hemp»  faili  aikl 
copper*  flMdlbe  conmlered  contraband  ^f  war,  which  articles  are 
exprefsly  ftipulated  to  be  free  by  the  treaties  already  fubfifting  be- 
tween the  United  States  and  all  other  nations,  with  whom  they  ar% 
in  compaA. 

14.  Becaufe  it  furrenden  all  or  moil  of  the  benefit*  of  a  commer- 
cial nature,  which  we  had  a  right  to  expeA  from  our  neutrality  in 
the  prefent  war. 

15.  Becaufe  it  precludes  the  hope  of  receiving  r..iv  advantage  from 
ihcmodiQrn  law  of^aatioBSy  referred  to  ia  the  rrelidenifs  proclama- 
tion of  neutrality ;.  adopted  by  moll;  of  the  nations  of  Europe,  in  the 
laft  war,  and  which  we  then  acceded  to  and  have  focored  in  our 
treaties  with  all  other  nations. 

16.  Becaufe  it  not  only  furrenders  the  right  of  carrying  the  pro- 

Erty  of  any  nation  at  war  with  Great  Britain,  in  our  vefleu,  freely  ^ 
t  abandons  all  pretenlions  even  to  the  freight. 

1 7.  becaufe  it  permits  the  Britifli  nation  to  convert  pfovifions, 
defKoed  to  other  nadoos  at  war  with  diem,  to  their  own  ufcr  on 
payment  of  what  they  may  deem  reafonablie  profit — a  meafure,  not 
only  injurious  to  the  interefl:  of  the  American  merchant,  but  which 
will  prevent  our  citizens  fi'om  carrying  thofe  fupplies  to  other  coun- 
tries, which,  by  the  laws  of  nature  and  nations,  they  have  a  ri^ht  to 
do,  without  moleft^tion. 

18.  Becaufe  it  limits  the  power  of  Congre&,  delegatied  to  thenv 
by  the  confHtution^  **  to  regulate  oui*  commerce  with  foreign  na- 
tional" by  prefcribing  conditions,  ai^d  creating  impediments  to  the 
f  xercife  of  that  "  power.** 

ig~.  B'ecaiif^  it  expofes  the  United  States  a.nd  tb^ir  commerce  to 

Cmiur  embairafllnents  (torn  other  commercial  nations,  alj  of  whon;( 

will  probM>ly  regulate  our  trade  by  this  partial  flaiidard. 

And  Idtly— 

Becapfe^  in  the  opinion  of  thti  inhabitants  of  this  town,  the  nature 
andextentof  the  ejqiorts  of  the  United  States  are  fuch,  that' in  all 
their  ftimdations  with  fbreiga  nations,  they  have  it  in  their  power  to 
i^cure  a  period  reciprocity  of  intercOurfe,  not  only  with  the  hOnie 
dominions  of  fdch  na^ons^  b^t>vitli  ail  their  cploDiai  d^peiideocifs. 


m 


1,1 


nif\ 


158 


THE  PREfilDENT't  REPLY. 


■i'  4 


It  i«  further  refolTcd— • 

That  a  copy  of  the  foregoing  proceedinsst  attefted  by  the  town* 
tletk;  be  immediately  trahfmitted  to  thePrefident  of  the  United  Sutet, 
that  they  may  be  refpeAfuily  ftibraitted  to  his  conHderation.  And 
we  eameftly  hope,  and  conndently  rely,  that  hit  prudence,  fortitude 
and  wifdom,  which  hate  more  than  once  been  eminently  inArumen* 
tal  in  the  falvation  of  his  country,  will  be  equally  confpicuous  on  the 
prefent  occaiion ;  and  that  the  reafons  we  have  afligned  will  have 
their  influence  to  induce  him  to  withhold  his  figuature  firom  the  rati- 
fication of  this  alarming  inftrument. 

On  motion  of  Mr.  Auftin,  a  vote  of  thanks  was  pafTed  to  Stephens 
Thomfon  Mafon,  one  of  the  fenators  for  Virginia,  for  his  patriotifm, 
in  publifliing  the  treaty,  which  had  offered  the  town  an  opportunity 
of  udng  their  exertions  in  endeavouring  to  prevent  the  ratification  of 
an  inftrument  fo  evidently  pernicious  to  the  interefts  of  our  nation  at 
large. 


\ 


Prefidenh  Reply, 


Ezekiel  Price,  Thomas  Walley,  William  Bordman,  Ebenezer 
Seaver,  Thomas  Crafts,  Thomas  Edwards,  William  Lettle, 
William  ScoUay,  and  JefTe  Putnam,  Efq'rs.  SeleAmen  of  the 
town  of  Bofton.  l|f 

Benthmetif  "  ** 


r 


'  N  every  a6l  of  my  adminiftration,  I  have  fought  the  happi- 
nefs  of  my  fellow  citizens.  My  fyftem,  for  Uie  attainment 
of  this  objeA,  has  uniformly  been,  to  overlook  all  perfonal,  local, 
and  partial  confiderations  ;  to  contemplate  the  United  States  as  one 
great  whole  ;  to  confide,  that  fudden  impreflions,  when  erroneous, 
would  yield  to  candid  refledlion  ;  and  to  confult  only  the  fubftantial 
and  permanent  interefls  of  our  country. 

Nor  have  I  departed  from  this  line  of  conduA,  on  the  occafioB 
which  has  produced  the  refolutions  contained  in  your  letter  of  the 
I3thinftant. 

Without  a  predileAlon  for  my  own  judgment,  I  have  weighed 
with  attention,  every  argument  which  has,  at  any  time,  been  brought , 
into  view.  But  the  confHtution  is  the  guide  which  I  never  can  aban- 
don. It  has  afTigned  to  the  Prefident  the  power  of  making  treaties, 
with  the  advice  and  confent  of  the  Senate.  It  vtas  doubtlefs  fuppofed 
that  thefe  two  branches  of  government  would  combine,  without  paf^ 
lion,  and  with  the  bed  means  of  information,  thofe  fadls  and  princi- 
ples upon  which  the  fuccefs  of  our  foreign  relations  will  always  de- 
pend ;  that  they  ought  not  to  fubftitute,  for  their  own  convi^on,  the 
opinions  of  others ;  or  to  feek  truth  through  any  chaooel  but  that  of 
a  tcmper.at^  jind  well  informed  iAYeft>g<iUon., 


ADDRESS,  ftt. 


•If 


\x  nation  at 


.  Under  this  perfuafion,  I  have  refolved  oo  the  manner  ^yf  cxecutina 
the  duty  before  me.  To  the  high  refponfibility  atuched  to  it,  I 
fceely  Aibmit :  and  yoc,  gentlemen,  are  at  liberty  to  make  thefe  fen* 
tuDCAtt  known  as  the  grounds  of  my  procedure.  While  I  feel  the. 
rooft  lively  gratitude  for  the.  many  inftances  of  approbation  from  my 
country,  I  can  no  otherwife  deferve  it,  than  by  obeying  the  die-, 
tates  of  my  coofcience. 

1.  •'    r  With  due  rcfpeA,  . 

;/,'    .  I  am,  gentlemen, 

4 .  Your  obedient, 

Go.WASHINGtON. 


United  Statu,  t^lh  JuJyi  1795, 


.*■ 

Addrefs  of  ths  Citizens  of  Port/mouthy  Nnj^ 
Hampjh'ire^  agreed  upon  at  a  meeting 
:    held  July  i^y    1795.  ,^^^ 

ToGsoacB  Washington,  PreHdent  of  the  United  Sti'cs  u 

America. 
Sir, 

CONVINCED  of  your  inviolable  attachm<;nt  to  the  intereO  and 
happinefs  of  the  uates  over  which  you  predde,  and  your  readi« 
nefs  on  dl  occafions  to  attend  to  the  juu  complaints. of  the  p<">ple— 
WE,  the  citizens  of  Portfmouth,  conftitutionally  aiTembled  in  pub- 
lic town  meeting,  to  I'lgnify  our  opinions  relative  to  the  treaty  be- 
tween  Great  Britain  and  the  United  States  of  America,  confented  to 
by  a  majority  of  the  Senate,  and  recommended  for  your  ratification,  ' 
having  taken  the  fame  into  our  mod  ferious  confideration,  beg  leave 
to  exprefs  our  moft  hearty  difapprobation  thereof — for  the  following 
general  reafons,  viz. 

I.  Becaufe  that  part  of  the  treaty  of  1783,  '.  ,  uringthe  payment 
of  debts  due  to  Briufli  fubjefls,  is  rigoroufly  enforced ;  while  an  im- 
portant article  in  the  treaty,  requiring  compenfation  for  negroes  and 
other  property  unjuftly  removed,  is  placed  vhoUy  out  of  view. 

3.  Becaufe  the  9th .  article  confers  a  ^irivilege  on  Britifh  fubjeAs*. 
which,  though  exprefled  in  terms  reciprocal,  yet  from  the  different 
circuroflances  of  the  two  nations,  not  only  wants  an  equivalent,  but' 
is  a  direA  invafion  of  the  rights  of  individual  dates. 

3.  Becaufe  the  bonds  required  of  commanders  of  privrteers,  are 
wholly  inadequate  to  the  purpofes  for  which  fuch  provifion  wa» 
made. 

4.  Becaufe  the  regulations- of  trade,  commerce  and  navigation^ 
between  the  two  parties,  conuined  in  the  3d,  13th,  15th  and  I7thf 
articles,  hold  o«t  the  moll  decided  advantages  to  Britifb  fubjeAs^ 


iiil 


M 


r,  .1 ' 


j66 


RES0LVTI0N4  OF  THE 


and  itoufi  in  tihek  operation  |>rOve  dellrotflivfc  to  American  cominh-te 
and  navigation. 

5.  Becaufe  by  tlie  i8th  artide^  manv  articles  of  export  are  ad^' 
mitted  as  contraband  of  war,  which,  by  oar  treaties  witi^  Fraace* 
Holland  and  Sweden,  are  declared  fne  ;  by  whieh  means  a  difpcNt 
fition  to  aid  the  Britifli  in  the  deftrudion  of  the  natives  of  thoft  noi^ 
tions  is  fairly  implied. 

6.  Becaufe  all  the  efTenttal  advantages  re&lting  to  the  United 
States  from  a  ratification  of  tlie  treaty  are  liich  as  Uiey  have  a  right  '! 
to  demand,  either  by  virtue  of  the  treaty  of  1783,  or  firom  the  prin- 
ciples of  eommon  jultice,  while  many  important  privileges  are  allow- 
ed the  Bridfli,  without  a  counter  part^ 

Thus,  fir,  we  have  ftated  a  few  of  the  many  obje£Hons  that  might 
be  oppofed  to  the  treaty ;  we  forbear  entering  into  a  more  particular 
detail,  as  it  would  probably  be  a  repetition  of  thofe,  which  we  pre* 
fume  muft  flow  in  to  you  from  every  <^u:uter,  as  the  guardian  and 
prote^or  of  our  rights  and  liberties,  and  who  alone  in  the  present 
inflance  can  avert  the  many  evils  that  threaten  our  tvtin. 

We,  therefore,  moft  fervently  requeft,  that  the  treaty  between 
Grtat  Britain  and  the  United  States,  may  not  receive  your  ratifica- 
tion until  it  undergo  fuch  alterations  as  fhall  render  it  conducive  to  the 
intereft,  honor,  and  laftingpeac«  of  our  country. 


..,,  c,»-- 


y  ■', 


.'%;»■ 


■•■••^.r^ 


fie/hlutions  of  the  Cithens  of  New-York^ 
agreed  upon  at  a  meeting  held  on  Mm- 
daythe20thofyulyji'j^^.  4:^ 

RESOLVED,  as  the  fenfe  of  this  meeting,  That  the  treaty 
lately  negociated  between  this  country  and  Gteat  Britain,  in 
the  particulars  hereip  after  mentioned,  is  injuriom  to  tlie  agriculture, 
manufa^res,  and  commerce  of  the  United  States,  derogatory  from 
their  nationd  honour,  and  dangerous  to  their  welfare,  peace  and 
profperity. 

I.  In  terminating  the  diflPerences  between  the  two  countries,  with- 
out reference  to  the  merits  of  their  refpe^ve  connlaints  and  preteii- 
(ions,  the  vague  and  :U  founded  claims  of  Great  pritain  are  placed 
ij^n  the  fame  footing  ^  the  numerous,  important,  and  juft  demand^ 
of  the  United  States:  and  while  the  former,  unfi^iported  as  they 
were,  are  amply  provided  for,  many  of  the  latter  are  either  entirely 
overlooked,  or  placed  upon  a  footing,  from  which  no  adequate  re- 
chefs  or  compenfation  can  reafonably  be  expeAed. 

2>  As  his  Britannic  m^^ef^  is  bound  by  the  treaty  of  peace  to 
withdraw  his  garrifons  from  the  United  States  with  all  convenient 


:U 


CITIZENS  OF  NEW-YORK. 


commute 

ort  are  kiifj' 
ii  TrtMcet 
ns  KSfyth 
'  thofb  nib- 
he  United 
ive  a  right 
tntheprin- 
are  allow- 

;  that  might 
;  particular 
:h  we  pre* 
u-dian  and 
ihe  prefent 

ty  between 
>ur  raufica- 
icive  to  tlie 

Mm- 


the  treaty 
Britain,  in 
.griculture) 
itory  from 
peace  and 

:rie8,  with- 
nd  preten> 
are  placed 
\  demand^ 
as  they 
er  entirely 
equate  re- 

"  peace  to 
convenient 


fp(i«d,  ik  Wtk  ttijttftt  after  t^velve  yeart  delay,  to  allow  above  eighteen  \ 
months  longer  to  celnplete  a^  evitcuation  vrhich  might  be  carried  in* 
to  >e.fk&.  in  a  ivvf  weeks. 

3.  As  no  ennmention  h  made  of  die  polb  and  ph>««*  from  fA&tM 
the  Britifli  ^oopft  are  to  be  wMidrawn,  but  gencraUy  ttwa  di«  boon* 
dary  lints  affigned  by  the  treaty  (^  peftM )  and  ak  it  appear!  W  thb 
fame  inftmment  tluit  ihefe  bftundtiry  lines  are,  in  psM,  M  le4ft>  to 
bie  adjufted  hferetifter,  it  is  big%  jHTobable  if  fuch  adjuAnent  does 
not  take  pla^cby  June,  17^  thht  it  Will  be  made  m  ticctk  fblr 
deutning  the  pofts  yet  longer.  Betides,  by  plkcing  at  fe  pttn  ft 
di(bnee  die  eonten^ated  evacuation,  it  is  alfo  miach  to  be  fea<«d, 
that  an  immediate  peace  in  Europe  will  induce  Orett  Britam  totfif^ 
rtgatd  this  ftiptJattOto  altog|:ther. 

4.  AH  fettlers  and  traders  within  thii  preeinOl  er  jnrifdiAions  dt 
thcfepoAs,  may  remain  there,  drrerabVe  with  their  effedls;  they 
cannot,  hower^,  be  eon^elled  t6  become  citizois  of,  or  to  take 
the  6&di  ef  allegiMiee  to  die  tJnited  States  ;  but  diey  m&y  do  fa  if 
thty  think  proper-,  and  they  fl»fl  make  and  deckre  their  elfc^on 
within  one  year  after  die  evacuaticMi.  And  ail  perfens  who  eomtnue 
there  after  tlie  expiratioA  of  a  year  without  having  declariid  their  in-i. 
tendon  of  remaining  fubjeds  of  his  Britannic  Majefty,  (hall  betOnli^ 
dered  as  having  elefted  to  become  citizens  of  the  United  States, 
Hence  it  {tppears,  that  all  the  fettlers,  if  they  arrive  bttt  the  day  be, 
fore  th«  evacuation,  will  be  entitled  to  become  American  dtizettS|^ 
contrary  to  the  a^  now  in  force  refpeAing  nattt^zation,  and  con- 
trary to  the  conftitution  of  the  United  States,  under  which  that  iSt 
was  pafFed  ;  or  if  they  prefer  to  eontimie  uad^  their  prefent  aHegi- 
ance,  we  may  haye  a  Btidfh  colony  in  die  heart  of  oar  country. 

5.  Althouj^  his  Britannic  Majefly  agrees  to  furrender  the  pofb 
^thin  obr  boundary  fines,  no  proviuon  is  made  for  die  heavy  lofTc^ 
and  expences  which  have  been  incurred  by  th^  United  States  in  con- 
f^quence  of  their  pafl  detention.  Among  the  fbrmer,  may  bfe  inclu- 
ded a  long  deprivation  of  an  exteniive  and  valuable  territory,  and  of 
a  lucrative  branch  of  trade.  Among  the  latt^  the  burdens  whicif 
have  been  impofed  upon  our  citizei^s  to  fupport  a  minous  and  expefti 
five  Indian  war-^-^ro  fay  nothing  of  die  lives  which  this  Retention  hat 
coft  the  United  States  of  America. 

6.  By  the  treaty  of  Peace,  Great  Britain  w{js  to  caufe  no  «!e. 
ftruAion,  nor  to  carry  away  any  negroes,  or  other  American  pro- 
perty. In  dire^  violation  of  this  promife,  feveral  thoufand  negroes 
were  carried  off  long  after  the  treaty  was  known.  Many  of  thofe 
negroes  were  regiftered  with  a  view  to  future  compen&tton.  The 
claim,  on  this  account,  which  amounted  to  at  leail  two  miHibns  of 
dollars,  although  hitherto  a  matter  of  extreme  foHcitude  with  Ame- 
rica, hks  not  only  been  abandoned  and  configned  to  obfivion,  bat 
Great  Britain  is  thereby  jufHfied  far  her  inexecutton  of  the  treaty  of 
peace,  and  an  indelible  fbin  is  fixed  upon  our  national  faith ;  nor 
is  any  provifion  made  for  leaving  in  thofe  garrifons,  the  American 
artillery,  agreeable  to  the  treaty  of  peace.  " 


I: 


■^v   ■■■|l!;j! 


;;iii!!ii. 


m, 


%m 


;:■  i  !t 


•i.iii 


i\  i  ;l  4 


V>M 


1:1 


Ill''-, 


W' 


M 


1:- 


t6\ 


RESOLUTIONS  OF  THE 


r  7.  Many  of  our  Teamen  have,  during  the  prefent  war,  beenira- 
jveiTed  into  the  Englifli  fervice,  and  compelled  to  engage  on  board 
of  (hips  of  war  or  privateers,  againft'  a  nation  conne^ed  with  us  by* 
a  treaty- (^  alliance.  Although  this  grievance  was  uaiverfaUy  known 
and  reprobatedt  the  aggrelEon  is  paifed  over  in  fUence,  nor  is  even 
care  taken  to  guard  agaioft  the  repetition  of  fo  atrocious  an  outrage. 

8.  While  the  fubje^ts  of  Great  Britain  are  admitted  into,  and- 
havethe  ufe  of  o/Ztlie  rivers,  ports,  and  places  within  the  United 
States,  our /Citizens  are  excluded  from  a  reciprocal  ufe  of  thofe 
wittun  the  Sritifli  territories  in  North  America,  by  reafon  of  which 
inequality,  it  is  probable,  the  whole  of  the  fur^trade  will  continue  in 
the  hapcb  of  Britiih  traders. 

9.  No  duty  is  ever  to  be  laid  by  either  party  on  peltries  brought  by 
land  or  inland  navigation.  From  this  article  Great  Britain  alone 
will  derive  an  advantage ;  for,  as  the  claufe  which  regulates  the  in-' 
terior  traffic  and  inland  navigatioa  of  this  country  is  conf^ruded,  and 
takiogrinto  confideration  <the  nature  and  extent  of  the  limitations  on' 
the  fide  of  America,  it  may  be  expe<^ed  that  coafiderable  quantities 
of  this  arucle  will  be  carried  by  Britifh  traders  through  the  United 
States,  while  little,  if  any,  will  be  carried  by  our  citizens  through 
the  Briuih  territory. 

10.  As  it  appears  from  the  corrcfpondence  between  Mr.  JefTer- 
fon  and  Mr. -Hammond,  that  no  lawful  impediments  exifl  in  any 
(late,  to  the  recovery  of  Britiih  debts  contra^ed  before  the  peace ; 
it  was  not  only  improper,  but  a  rcfle(flion  on  our  public  faith,  to 
make  any  providon,  contrary  to  the  ordinary  way  of  judicial  pro- 
ceeding, for  afcertaining  the  compenfation  due  to  this  defcription  of 
creditors.  Moreover,  if  this  claufeis  carried  into  effet^,  the  burden^ 
of  paying  thefe  debts  will  be  (hared  very  unequally  by  the  Uaited 
States.  Tho/.e  of  them,  whofc  citizens  have  paid  their  Britiih  cre- 
ditors, will  be  bound  to  contribute  to  the  payment  equally  with  thofg 
whofe  citizens  are  delinquent,  if  any  fuch  there  be ;  whereas,  by 
purfuing  the  common  legal  remedy,  the  debtor  alone  would  be  fub- 
'ye€t  to  the  burden,  ^or  is  the  executive  conceived  to  be  competent 
to  pledge  tlie  United  States  to  pay  the  fum  awarded  by  the  commif^ 
(ioners  who  are  to  liquidate  thofe  claims ; — ^the  conftitution  having 
exprefsly  declared,  that  no  money  fhall  be  drawn  from  the  treafury, 
but  in  confequence  of  appropriations  made  by  law,  by  which  it  is 
prefumed  mull  be  intended  an  a3  of  the  legiflature,  not  a  treaty  of 
commerce. 

1 1.  The  claims  of  American  citizens  for  loiTes  fuftained  by  reafon . 
of  illegal  captures,  are  to  be  taken  into  confideration  at  too  great  a 
diflance  of  time,  and  are  placed  upon  a  footing  too  precarious  to  ex- 
pert any  compenfation.  It  appears  evidently  to  have  been  the  policy 
of  Great  Britain  to  procra(Hnate  the  fettlement  of  all  her  differences 
with  Anicrica,  until  Hie  was  at  peace  with  France ;  and  it  has  exci- 
ted general  regret,  that  ihe  has  been  fo  fuccefsful  in  this  part  of  her 
iiegociation.  It  was  expeded,  that  the  American  envoy  was  charg- 
e4  tQ  demand  fatisfa<^ion  from  the  Britiih  government,  among  othtr 


CITIZENS  OF  NEW.YORK. 


165 


things,  particularly  for  their  wanton  and  unjuft  depredationi  on  our 
commerce.  Thefe  fpoliations  being  made  in  virtue  of  orders  iiTued  by 
the  king  in  council,  and  being  manifeiUy  illegal  and  unjuft,  reftitu-  . 
tion  became,  a  national  concern.  It  was  well  known,  that,  by  the 
ordinary  courfe  of  proceeding  in  the  admiralty,  compenfation  could 
not  be  obtained  for  national  injuries — Yet,  inftead  of  infifUng  upon 
a.  fummary  compenfation  from  the  Britifli  government,  in  the  fame 
mode  which  had  been  adopted  for  fatisfying  the  Britifh  creditors,  the 
American  claimant  muil  firlt  undergo  a  tedious  and  exptniive  pro- 
cefs,  in  order  to  afcertain  a  thing  already  known,  that  Uie  ordinary 
tourfe  of  juftice  is  incompetent  to  afford  him  redrefs. 

12.  The  treaty  pledges  the  United  States  to  the  payment  of  lofTet 
fuftained  by  reafon  of  certain  captures  within  the  limits  and  jurifdidtioa 
of  the  United  States,  and  brought  into  the  ports  of  the  fame,  or 
made  by  veflels  originally  armed  in  our  ports. 

The  fum  which  may  be  claimed  by  Great  Britain  on  this  account^ 
cannot  fail  to  be  very  confiderable  :  But  it  may  well  be  doubted,  whe- 
ther the  United  States  are  not  hereby  pledged  beyond  the  obligatio* 
which  the  laws  of  nations  impofe  upon  a  neutral  country. 

13.  By  permitting  Britifli  fubje^  to  hold  lands  which  they  have 
already  purchafed  within  the  United  States,  a  right  is  afTumed  by  the 
executive,  of  depriving  the  feveral  flates  of  the  forfeitures  which  may 
have  already  acrued  to  them  by  the  atienifin  of  fuch  purchafers :  f.ad 
even  of  divefting  American  citizens  of  the  land  which  they  may  have 
purchafed,  in  confequence  of  fuch  forfeitures.  The  policy,  alfo,  > 
of  permitting  aliens  to  hold  real  property,  may  be  doubted :  not 
is  there  any  real  reciprocity  in  this  permiffion,  none,  or  very  fet/ 
American  citizens  having  bought  lands  on  fo  precarious  a  tenure  in- 
England. 

14.  The  fame  want  of  reciprocity  may  be  difcovered  in  that  dauio 
of  the  treaty  which  interdiflts  the  confifcation  or  fequeftering  of  debts 
due  to  individuals,  or  monies  held  in  the  public  funds,  and  in  banks: 
However  impolitic  or  unjuft  it  may  be,  in  ordinary  cafes,  to  exercife 
this  power,  yet,  as  it  is  AriAly  permitted  by  the  laws  of  nations,  and 
may  fometimes  be  exerted  for  the  prevention  of  a  war,  by  deterring 
a  nation  from  further  aggreifion,  or  to  bring  an  enemy  to  reafonabls 
terms  of  accommodation,  and  has  been  a^ually  exercifed  by  Great 
Britain  in  her  prefent  •contell,  it  is  impolitic,  in  the  extreme,  to 
pledge  the  public  faith  never  to  exercife  it  upon  any  occaHon,  or  un« 
der  any  circum  (lance  whatfoever,  efpecially  to  a  nation  who  can  ;ive 
lis  no  equivalent  for  confenting  to  this  reflridHon,  and  which,  of  all 
ethers,  might  be  the  moft  fenfibly  affeded  by  the  ufe  of  it. 

15.  Our  commerce  to  India  is  much  circumfcribed  by  the  treaty. 
We  are  excluded  altogether  from  the  coaiUng  trade,  and  laid  unde^ 
other  unufual  and  new  rellridions.  It  is  true,  tliat  this  commerce 
has  hitherto  been  carried  on  only  by  permiffion — But  it  is  prefumed, 
that  the  advantage  which  Great  Britain  has  experienced  during  twelve- 
years,  will  induce  her  to  permit  its  continuance  without  our  uanecei•^ 
istrily  coafeoting  to  thefe  refUaints;     And  if  we  are  excluded  altoge*- 


111 


il;:; 


M 


T  1  ''■'•' 


^'l=C 


'^.'r" 


)k 


>&(. 


RE80LI)TI0NS  OF  THE 


tfier  from  tlie  BntMi  fecdements  in  Indk)  other  por(9y  e^attf  ad> 
vamt^eoBs,  are  open  to  as. 

1 6.  By  the  eoaftitution*  CongreTs  are  to  regulate  our  commerei 
with  foreign  nations.  This  treaty,  if  ratified,  will  not  eiriy  infringe 
thia  power,  but  very  greatly  fhadileoui  goremraent,  in  their  fiitwe 
regttlatiens  of  trade. 

It  mnft  alMrays  hare  been  a  matter  of  moeh  foltcittRte  with  Great 
Britaini  to  prevent  us  from  pafling  fuch  difcrimmating  afts  as  cir- 
cufoftanees  might  render  proper — And  America,  fitttated  as  flie  ia, 
thottid  not  Kghdy  part  with  fuch  an  inraluabte  prerogative. 

1 7.  As  a  neutral  and  commercial  people,  and  Kkdy,  with  com- 
mon prudence,  to  continue  at  peace  with  all  the  world,  the  United 
States  Ihoold  nerer  roKintarily  consent  to  any  article  prohibiting  free 
veifels  from  makittg  free  goMts.  This  is  the  cafe  with  the  prefent 
treaty — by  this  conceffien  we  not  only  dbpatt  from  a  principle  atfcypt^ 
ed  by  feveral  maritime  powers,  and  whidi  CongreTs,  under  this 
eonfideration,  fre^ently  recognized  and  always  purfUed,Jn  their 
JnterconrTe  widi  other  nations ;  but  vrc  put  it  out  of  our  power  to 
receive  any  advantage  from  the  modem  law  of  nations,  refbred  to 
in  the  Frefident^s  proclamation  of  neutrality,  and  are  even  precluded 
from  the  benefits  of  the  contrary  ftipulations  which  have  been  care* 
frtNy  inferted  in  our  treaties  widi  other  nations. 

i9.  In  afcert!uning  what  artides  fliaH  be  deemed  contraband,  fe* 
veral  are  comprehended  which  were  never  fo  deemed',,  and  are  exi 
prefsly  declared  not  to  be  fo,  in  our  treaties  with  other  nations,  par« 
ticularly  flkip-ttmber,  tar,  hemp,  faHs,  and  copper.  Indeed;  it  ii 
difficult  to  lay  what  will  not  be  deemed  contraband,  as,  after  a  verjr 
long  enumeration,  it  is  added,  that  generally,  whatever  may  krv^ 
diredlly  to  the  equipment  of  vefTels,  unwrought  iron  and  fir-phmks 
only  excepted,  fliall  be  coniidered  in  that  light.  It  maybe  obferved 
here,  that  Great  Britain,  in  her  treaty  with  France,  has  declare^ 
thefe  very  articles  mot  to  be  contraband. 

19.  Veflels,  laden  with  proviiions,  may  be  feized  under  the  fri- 
Tolotts  pretext  of  the  difficulty  of  agreeing  on  the  precife  cafes  in 
which  they  may  be  regarded  as  contraband.  It  is  true,  that  a  rea-^ 
ibnable  mercantile  profit  is  to  be  allowed ;  but  independent  of  the 
(fiffieulty  of  afcertaining  what  fuch  a  profit  is,  of  which  the  Britiftt 
muft  judge,  all  the  profits  contemplated  on  the  return  cargo,  will  be 
lofl ;  and  our  citizens,  to  the  great  injury  of  agriculture,  wiU  be  difw 
couraged  from  the  exportation  of  grain  and  other  provifions,  whicfaf 
in  time  of  war,  muft  be  an  objeA  of  the  firft  magnitude. 

20.  Great  Britain  being  a^ually  at  war,  derives  an  immediate  be^ 
Befit  from  all  thofe  articles  which  refer  to  that  conditionv  while  it 
19  problematical,  whether  the  United  States,  even  when  at  war,  can 
at  all  be  benefited  by  thefe  ftipulations.  Some  equivalent  might, 
llierefbre,  reafonsdily  have  been  expelled  for  the  connam  advantages 
which  refult  to  Great  Britain  fhim  thofe  parts  of  the  treaty,  which: 
contemplate  <i  war  betwcqi  either  party  tad  Qfmfi  odttr  power. 


CITIZENS  OF  NJiW-VORK. 


i6j 


21.  The  treaty  is  principally  calculated  tg  promote  the  iDterefts  of 
'Great  Britain,  pending  her  prefent  conflict  with  France,  to  encreafe 
lier  r^fources,  and  enaJ}le  her  to  profecate  the  war  with  greater  vigour 
and  fuqcefs.  The  citizens  of  America  are  thus  expoied  to  the  im- 
putauon  of  the  bafeil  ingratitude,  if  not  breacli  of  faith,  towards  a 
generous  and  gallant  ^ly,  to  whom  they  are  largely  indebted  for  their 
freedom  and  independence,  and  to  whole  vidtories  is  to  be  afcribed 
the  peace  which  they  now  enjoy. 

ti.  The  whole  treaty  may  be  regarded  as  peculiarly  hoftile  to  the 
French  republic,  and  unlefs  thofc  who  are  at  the  head  of  her  affair* 
condufl'tj^rafelves  with  unconimon  moderation,  a  war  with  France, 
can  hardly  fail  to  be  one  of  the  confequences  of  a  ratification. 

23.  The  reftraint  upon  our  citizens  not  to  accept  commiflions  u> 
the  army  orqavy  of  foreign  powers  is  impolitic,  as  it  deprives  them 
of  a  mean  of  acquiring  military  knowledge,  and  that  in  a  way  which 
has  never  been  efteemed  illegal  or  difreputable.  It  is  alfo  unprece<- 
dented ;  for  nothing  is  more  common  than  for  the  citizens  of  one 
(Country  to  ferve  io  the  arnjiy  or  navy  of  another,  for  the  fake  of  ho- 
nour, ioflruAion  or  reward.  The  United  States,  in  particular,  (hould 
encourage  fuch  of  their  youth  as  are  ambitious  of  military  glory,  to  a 
fervice  of  this  kind.  In  time  of  war,  it  is  not  eafy  to  calculate  the 
advantages  which  might  be  derived  from  it. 

24.  However  proper  it  may  be  to  difcourage  neutral  citizens  from 
enf^iiffXig  on  board  of  the  privateers,  it  may  entirely  be  queflioned, 
whether  the  right  of  defining  and  punifliing  piracy  does  not  belong 
exclufively  to  the  legiflature  of  the  United  States.  Although  a  fimilar 

i>rovinon  is  found  in  our  treaties  with  other  nations,  it  will  be  recol- 
edled,  that  in  Congrefs  at  that  time,  and  not  in  the  executive,  was 
refted  the  right  of  making  treaties,    t;  , .  '. 

25.  This  treaty  would  be  dangeroyis  as  a  precedent :  for  other  na- 
tions, with  whom  we  may  w^h  to  make  commercial  compass,  wiH 
expeft  us  to  fabmit  to  fimilar  embarraiTments,  and  to  have  our  trade 
regulated  by  this  partial  ftandard. 

26.  There  is  good  reafon  to  believe,  that  the  treaty  is  difagr^eable 
to  a  very  great  majority  of  the  people  of  the  United  States  ;  and  that 
even  thtne  who  do  not  publicly  remonttrate  againfl  its  ratification,  from 
an  opinion  that  it  is  the  proper  province  of  the  executive  to  determini; 
on  it,  fincerely  wifii  it  may  not  take  plaice. 

27.  The  difadvantages  already  enumerated  are  the  more  (Iriking, 
beoauie,  from  the  nature  and  extent  of  their  exports,  the  United 
States  have  it  in  their  power,  in  all  tlieir  commercial  arrangements 
with  foreign  nations,  to  fecure  a  perfedt  reciprocity,  not  only  with 
their  European,  but  alfo  with  their  foreiga,  pb^efllons,  as  has  indee4 
been  offered  to  them  on  the  part  of  the  French  republic. 

x8.  Befides  the  objedlions  already  flated,  it  miiil:  be  remarked, 
that  the  whole  treaty  abounds  with  (entences  whoie  meaning  is  equi-^ 
Tpcal,  and  that  too  much  room  is  left  for  doubt,  conftru(%ioq  apd  iu- 
^re  difcpSons ;  wjb^rcas  pvcry  ambiguity  in  an  ioflrament  9f  titi9 

Y  '     ' 


'I: 


m\ 


m 


lt;t-, 


1 66 


"MEMORIAL  OF  THET  " 


i  ' 

•  '  1 


kindi  witli  To  powerful  a  nation,   ought  to  hate  been   ftudioui)^ 
aroided. 

Refolved  further,  that  a  copy  of  the  preceding  refolutions  be  figned 
by  the  chairman,  and  tranfmitted  by  exprefs  to  the  Preiident  of  the 
United  States,  who  is  hereby  informed,  that  the  citizens  of  New^ 
York,  aflembled  upon  this  occadon,  refpeftfiilly  hope,  that  he  will 
pleafe  to  take  the  fame  into  his  mod  ferious  confideration — ^they  aflore 
him  that  they  rely  with  great  confidence  on  his  known  patriotifm, 
wifdom,  and  independence,  in  the  exercife  of  the  prerogative  vefted 
in  him,  and  that  nothing  but  the  importance  of  the  occafion  fliould 
have  induced  them  to  obtrude  their  lentiments  on  htm.  Infliienced 
by  no  other  motive  than  a  zeal  for  their  country's  good,  they  ardent- 
ly hope  that  the  reafons  herein  affigned,  with  thofe  which  may  be 
offered  by  their  fellow  citizens  of  other  ftates,  added  to  fuch  as  his 
own  good  fenfe  will  not  fail  to  fuggeft,  will  prevail  upon  him  to  with- 
hold his  aiTent  from  an  inftrument  which  has  fpread  a  general  alarm 
throughout  the  United  States,  as  invading  the  conftitution  and  legif- 
lative  authority  of  the  country ;  as  abandoning  their  important  and 
well  founded  claims  againfl  the  Britifh  government ;  as  impofing  un- 
jull  and  impolitic  reftraints  on  their  commerce ;  as  injurious  to  agri- 
culture ;  as  conceding,  without  an  equivalent,  important  advantages 
to  Great  Britain  ;  as  hollile  and  ungrateful  to  France  ;  as  committing 
our  peace  with  that  great  republic ;  as  unequal  in  every  refpeA  to 
America ;  as  hazarding  her  internal  peace  and  profperity,  and  as 
derogatory  from  her  fovereignty  and  independence. 

By  order  of  the  Meeting,  '?* 

;  ..  ;'T  W.  S.  SMITH,  Chairraan^i 

Memorial  of  the  Citizens  of  Philadelphia^  the 
Northern  Liberties^  and  the  DifiriSi  of 
Southwarky  agreed  upon  at  a  numerous 

•     meetings  held  in  the  State-houfe  ITard^  on 


Saturday^   ^uly  25,    1795. 


To  GEORGE  WASHINGTON,  Prefident  of  the  United 

States.        .., .  „     .^    , 

ITic  Memorial  of  the  Citizens  of  Philadelphia,  the  Northern  Liber* 
ties,  and  the  Diftridt  of  Southwark,  in  the  flate  of  Pennlylvania,   ' 


REPECTFULLY    SHTJWETH, 


.'IKW 


vHiiV 


THAT  your  mei.vrialifts,  fincerely  and  affeflionately  attached 
to  you,  from  a  fenfe  of  the  important  fcrvices  which  you  have 
lendercd  to  the  Uoiied  States,  and  a  convidion  of  the  purity  of  the 


CITIZENS  OF  PHILADELPHIA. 


t&i 


ftudiouiif 

»  be  (igned 
dent  of  the 
I  of  New- 
hat  he  will 
■they  aflare 
patriotifm, 
itive  veiled 
Hon  fhould 
Influenced 
liey  ardent- 
ch  may  be 
fuch  as  his 
im  to  with- 
leral  alarm 
1  and  legif- 
tortant  and 
ipoHng  un- 
)us  to  agri- 
advantages 
:ommitting 
refpeft  to 
ty,  and  as 

airm^.  i 

>iay  the 
^riSi  of 
merous 
rdi  on 


United  • 


rn  Liber^ 

rlvania,  ' 


attached 
you  have 
ity  of  the 


Viotives  that  will  forever  regulate  your  public  adminiftration  ;  do^ 
on  an  occadon  in  wiiich  they  feel  therofelves  deeply,  interefted* 
addrefs  you  as  a  Friend  and  Patriot :  as  a  Friend,  who  will  never 
take  offence  at  what  is  well  intended  ;  and  as  a  Patriot,  wha  wilV 
never  rejeA  what  may  be  converted  to  the  good  of  your  country. 
t  ■■  That  your  memorialifts  entertain  a  proper  refpe£t  for  your  confti* 
tutional  authority  ;  and,  whatever  may  be  the  iflue  of  the  prefent 
momentous  queltion,  they  will  faithfully  acquiefce  in  the  r^ulur; 
exercise  of  the  delegated  powers  of  the  government ;  but  they  trulft 
that  in  the  formati^)n  of  a  compact,  which  is  to  operate  upon  them^ 
and  upon  their  poilerity, '  in  their  mod  important  internal,  as  well,  as 
external  relations,  which,  in  effect,  admits  another  government  to 
controul  the  legiflative  fun^ions  of  the  union  ;  and  which,  if  found 
npon  experience,  to  be  detrimental,  can  only  be  repealed  by  folicijt- 
ing  the  aflent,  or  provoking  the  hoftilities,  of  a  foreign  power ;  yoii 
will  not  deem  it  improper  or  officious  in  them,  thus  ainxioufly,  but 
refpeAftiUy,  to  prefent  a  folemn  teftimonial  of  their  public  opinion, 
ieelings  and  intereft. 

That,  under  thefe  preliminary  acknowledgments  of  the  duty  and 
of  thie  defign  of  y  '  memorialilts,  the  following  objefHons  to  a  rati- 
fication of  the  tre  /  lately  concluded  between  Lord  Grenville  and 
Mr.  Jay,  are  fub  :tted  with  implicit  confidence,  to  your  CQniider- 
ation.  :..:::  4,..:;..^-  x 

The  treaty  is  objcibed  to,         V     -•-  4,-  *.  Vi/  ^ 

-'  T.  Becaufe  it  does  not  provide  for  a  fair  and  effedual  (ettleipen^ 
of  the  differences  that  previoufly  fubfifted  between  the  United  State* 
and  Great  Britain — inafmuch  as  it  pdftpones  the  furrender,  ^^n4 
affords  no  compenfation  for  the  detention,  of  the  weftern  pofts — 
inafmuch  as  it  cedes,  without  any  equivalent,  an  indefinite  extent  of 
territory  to  the  fettiers  under  Bifitifh  titles,  within  the  ptecindts  and 
jurifdidion  of  thofe  ports — inafmuch  as  it  waves  a  ju(t  claim  for  th2 
value  of  the  negroes  who  were  carried  off  at  the  clofe  of  the  war,  in 
violation  of  a  pofitive  compad — ^and  inafmuch  as  it  refers  fill  the 
hopes  of  indemnity,  for  the  recent  fpoliations  committed  on  the 
commerce  of  the  United  States,  to  an  equivocal,  expenfive,  tedious, 
and  uncertain  procefs. 

2.  Becaufe  by  the  treaty,  the  federal  government  accedes  ,ta 
reflraints  upon  the  American  commerce  and  navigation,  internal  as 
well  as  external,  that  embrace  no  principle  of  real  j'ecii>rocity,  alnd 
are  inconfiltent  with  tlie  rights,  and  delhudive  to  the  interefts,  of 
an  independent  nation— inafmuch  as  it  unreafonably  fetters  the  inter- 
caurfe  with  the  Weft  Indies,  with  India,  and  with  the  American 
lakes,  by  means  of  the  navigable  rivers  belonging  to  the  Britifh — in- 
afmuch as,  in  many  inllances,  it  circumfcribes  the  navigation  of  the 
United  States  to  a  particular  voyage — ^and,  inafmuch  as  fome  of  our 
ftaple  commodities  (exempted  by  the  treaties  with  France,  Holland,' 
Pruffla,  and  Sweden)  it  makes  liable  to  confifcation,  as  contraband  j. 
and  others  (exempted  by  the  law  of  nations)  it  makes  liaUc  to  f<M- 


i'  i; 


,l'!i' 


Ml' 


'\% 


m 


Aiiri:  MEMORIAL,  &c. 


»:..  m^:.  SJ.^  -.  «« 


zure,  opoil'paymcht  of  an  arbitrary  price,  as  atUcIet  tiftiul  to  dw 
tnemici  of  Great  Britain. 

J.  Bcoaufc  the  treaty  is  deftru^ve  to  the  domeflie  indcjieadetiet 
profperity  of  the  United  States— inafmudi  as  it  admits  alieits^ 
profcffiiM;  a  foreign  allegiance,  to  the  permanent  and  traafmifEUe 
rights  of  property,  pecuKarly  belonging  to  a  citizen-' «nd  in^ifnucb  as 
it  cnaUes  Great  Britain  to  draw  an  invidious  and  dangerous  line  of 
drcmhvallation  round  the  territory  of  the  union,  by  her  fleets  on  the 
AtlftDtjC,  atid  by  her  fcttlements  from  Nova  Scotia  to  the  mouth  of 
theMiffiffij^i. 

4*  Btca^  the  treaty  furrenders  certain  inherent  powers  of  an  in* 
dipefident  government,  which  are  eflemial,  in  the  circumftanccs  of 
Uie  United  States,  to  their  fafety  and  defence;  and  which  mighty  on 
^eat  emergencies,  be  fiKcefsfully  employed  to  enforce  the  negleAed 
fekims  of  jttmiiee,  without  making  the  lait,  dreadful  appeal  to  anus«>M 
fn^rauch  as  th6  r^ht  of  fequeftration  ;  die  right  of  regulating  c6niw 
titerctt  in  favour  of  a  friendly,  and  agaiiift  a  rival,  power)  and  the 
right  of  fufpending  a  commercial  intercourfe,  with  an  inimical  nation^ 
Are  vdhmtarily  abanddbed. 

$.  Becaufe  the  tretety  is  an  irtfraAion  of  the  rights  of  fnendfhit* 
latitude,  and  alliance,  which  the  republic  of  France  may  juflly 
claim  ^m  the  United  States  ;  and  deprives  the  United  States  of  the 
mofi:  powerful  means  to  fecure  the  good  will  and  good  ofRces  of  other 
nations — ^inafmuch  as  it  alters,  during  a  war,  the  relative  fitudtion  of 
fhe  different  nations,  advantageoufly  to  Great  Britain,  and  prejudici- 
iUy  to  the  French  Republic — inafmoch  as  it  is  in  manifeft  collifion 
with  feveral  articles  of  the  American  treaty  with  France — and,  inaf« 
much  as  it  grants  to  Great  Britain  certain  hi^  dangerous,  and  ex^ 
elufive  privileges.  Uk: 

And  your  memprialifls,  having  thus,  upon  general  ground^  con<< 
eifely,  but  explicitly,  avowed  their  wifhes  and  opinions }  and  for- 
bearing a  minute  fpecification  of  the  many  other  obje^on'.  that  occur—* 
iionclude  with  an  aifurance,  that  by  refufing  to  ratify  the  {R'ojeded 
treaty,  you  will,  according  to  their  beft  information  and  judgment,  at 
once  evince  an  exalted  attachment  to  the  principles  of  die  conftitu- 
tion  of  the  United  States,  and  an  undiminiflied  zeal  to  advance  tho 
profperity  and  happinefs  of  your  conftituents. 

Signed  by  order  of  the  General  Meeting  at  Philadelphia,  the  25th 
of  July,  i79J[, 

%i,,  ^.^.,:.u^.vMu.. »..,     "^-  SHIPPEN,  jun.  Chairman.    - 


THE  Committee  appointed  by  a  general  meeting  of  the  Citizens 
of  Philadelphia,  the  Northern  Liberties,  and  the  Diflrift  of  South- 
wark,  to  iign  and  tranfmit  to  the  Prefidetit  of  the  United  States,  the 
Memorial  expreflive  of  the  Sentiments  of  the  Meeting  in  relation  to 
the  Treaty  negociated  between  Mr.  Jay  and  Lord  Grenville,  have 


REPORT,  Ike. 


i$9 


refill  to  tht 

niu  aJieita^ 
rufmifliUe 
npfmu^h  as 
rous  line  of 
eets  oo  the 
;  mouth  of 

:8  of  an' in- 
nftinccs  of 
mighti  on 
e  negleded 
CO  sumsoM 
iting  c6m'« 
r }  and  the 
cal  nation^ 

friendihi|>» 
may  juftly 
lates  of  the 
:s  of  other 
ituAtion  of 
1  prejudici- 
\  collifion 
-and,  ioaf- 

h  aod  ex* 

''  >-• 

and,  coH" 
and  for- 

it  occur— 
in-oje<£ted 

igment,at 
conAitu- 

[vancc  the 

the  25th 

nan. 

Cidiziens 
of  Souih- 
tates,  the 
elation  to 
ille,  have 


Mceived«'  by  the  hand  of  Dr.  Win.  Shkppttt  jun.  the  following  An- 
fwer,  which  they  think  it  their  duty  to  puUifli  for  the  tnfomMtion  of 
•their  confiituehts. 
,  J'Madtfy&iat  jitgujl  14,  179;. 


'\    ....,■.      :;; ,, 


Thomas  M'Kean, 
Charles  Pettit, 
Mofes  LcTy» 
William  Coats, 
John  Barker, 


Alexander  J.  Ditto, 
John  Swanwkk, 
John  Hunn, 
Abraham  Coats, 
Stephen  Girard, 


Fred'k.  A.  Mnhleoberg,  Willism  Shippeo,  jofli  -j, 
Thonua  Lee  Shippea,     Bkur  M*Clena£hait.    •  i 

Unitid  State*,  itibJlugi^'t  ^19S*  i 


,    I  HAVE  received  your  letter  of  the  iith  of  July,  eoriBthig  th( 
Memorial  of  a  Meeting  in  Philadelphia.  t 

As  the  Anfwer*  which  I  hare  given  on  a  fimilar  occslioa  to  tli 
Sele^men  of  Boflon,  is  applicable  to  this  Memoriali  I  ijtaak  it 
proper  to  crai^mit  a  Copy  thereof  to  you.  4 

With  due  refpeft,  .  :..,!;;.,.:; j     .if, 

sw^si  d>iw' .•-iiO??'; '  ■       '    lam, 'Sir,'  ,      !>.t;f? '^"'^'  -' 

4Am  '^hmt  -m^x-  Your  obedient,  %. 

.  (Signed)  1-   ;,      Go.  WASHINGTON,  ^r 

'Dr,  WilRam  Sb'^peHt  juH»        uU%::.  '^ 

'\      Report  of  the  Charlejlon  Committee.   '  .ij 

::r  ,■,,.       Charleston,  July  19,  1795..* 

Reptirt  of  the  Committee  chofen  by  iaSot  of  tie  Citizens  of  {^harfe/Ion,  5, 

Caroitna,  in  pvrjiiance  of  a  Refohition  of  a  deneral  Meeting  of  the 

•    Citizens  in  St.  MichaePs  Churchy  on  Thurfday,  the  i6ith  ofjuhf, 

THE  committee  to  whom  was  referred,  by  their  fellow  citizfins^ 
the  confideration  of  the  impending  treaty  of  amity,  commerce^ 
and  navigation,  between  his  Britannic  Klajefty  and  the  United  States 

of  America,  report —  ^ j     ,, 

That  they  have  attentively  confldered  the  faid  treaty,  and  are  of 
opinion,  that  it  has  not  that  reciprocity  which  ought  to  be  the  baHs 
of  ail  contra^s — ^that  it  contains  no  proviHons  in  mour  of  the  Uai" 
ted  States,  in  any  manner  proportionate  to  the  various  conceiConi 
made  to  Great  Britain  ;  and  rertri6>s  Congrefs  in  the  exetdfe  of  its 
conftitutional  power  of  regulating  trade,  and  making  fulch  difcrimi- 
nations  in  ikvour  of  other  rorcign  nations,  as  maybe  molt  bsinefieak . 


ill  I 

!!! 


ii/ittS*-' 


Seepage  158. 


J? *f:  ■  ,5C©f*f:>a^:i"aSfti  M^ 


% 


*i9 


REPORT  OF  THE 


■t\: 


^:^ 


■  ■'  From  many  well  founded  otjcAioDs,  your  Committee  beg  leMe 
to  feled  and  iubmit  the  following; 

The  Rrd  article,  though  ufual  in  treatiett  would  be  particularly 
nufchicvous  in  this,  inafmuch  as  it  permit)  the  unconditional  return, 
to  our  country,  of  all  perfons  who  were  profcribed  during  the  late 
war,  though  thdr  return  is  repugnant  to  our  laws,  and  to  the  feel* 
ings  of  cur  injured  fellow  citizens,  and  though  the  ftate  legiflatures 
have  already  proceeded  as  far  in  re-admitting  fuch  perfons,  as  they 
judged  coofiftcnt  with  good  faith,  or  found  policy. 

The  fecond  irticle  lanflions  the  continuance  of  an  injury,  which, 
in  violation  of  the  treaty  of  peace,  has  already  exilled  eleven  years  : 
iteither  eftablUheii  a  Bntifh  colony  within  oar  limits,  with  peculiar 
privileges,  or,  in  cafe  the  inhabitants  of  fuch  colony  chuTe  to  become 
citizens  nf  the  United  States,  it  gives  the  privileges  of  citizens  of 
thefe  ftites  to  a  number  of  men,  who  have  been  their  moll  bitter  and 
ir^econcileable  eoejnics ;  who,  in  conjundHon  with  the  favages,  have 
lately  waged  war  againll  us,  and  who,  from  their  local  iituation  ia 
the  vicinity  bf  the  Indian  tribes,  conveniently  may,  and  firom  their 
difpofilioa  (as  fur  as  we  can  judge  from  their  paft  conduA)  would 
be  inclined  to  join  with  them,  in  acting  againtt  us,  on  any  favour* 
able  emergency. 

The  third  article  gives  to  the  Briti^,  what  to  them,  with  their 
aapital,  will  be  nearly  equivalent  to  a  monopoly  of  the  trade  with 
the.  Indians,  and  with  our  weftern  territories,  and  opens  a  duor  for 
fmuggling  on  an  extenfive  fcale,  to  the  great  injury  of  our  revenue.    > 

By  the  fixth  article,  the  United  States  undertake  to  make  good 
fuch  lofles  on  debts,  to  Britifli  creditors,  as  have  been  occafioned  by 
legal  impediments,  to  their  recovery,  created  by  any  of  the  dates, 
in  violation  (as  is  alleged)  of  the  treaty  of  p^^ace  ;  although  the  firll 
infradion  of  that  treaty,  was  made  on  the  part  uf  Great  Britain,  by 
carrying  away  firoiii  thefe  ftates  many  thouiands  of  iicgroes,  and  a 
connderable  quantity  of  valuable  property,  whereby  individuals  were 
deprived  of  the  means  of  difcharging  their  debts  ;  although  the  Uoi^ 
ted  States^  have  incurred  an  imraenfe  expence  in  msuntainmg  an  army 
for  the  defence  of  their  northern  and  weftern  territory ;  an  expence 
iAually  occafioned  in  confequence  of  the  detention  of  the  weflem 
pods ;  and  although  no  compenfation  is  ftipulated  to  be  made  to  th« 
citizens,  whofe  negroes,  and  other  property,  have  been  illegally  car- 
ried off;  their  right  of  recovery  being  paiTed  over  in  filence.  Thus 
the  United  Sutes  are  compelled  to  make  ample  repairation, .  for  the 
oply  infn  geraent  of  the  treaty,  which  is  charged  on  any  of  their 
citizens,  whilA  neither  the  union,  nor  the  citizens  have  even  a  pro* 
mife  of  comp,enfation,  for  the  many  injuries  fuftained  by  violauons 
of  the  faid  treaty,   on  the  part  of  Great  Britain. 

ThijSj  article,  moreover,  creels  a  tribunal  new  and  unknown  to  out 
•onditutiqiu  inafmuch  as  it  transfers  the  right  of  deciding  on  tlie 
claims  of  BritiOi  creditors,  from  the  courts  and  juries  of  America* 
to  commiflioners ;  a  majority  of  whom  may  be  sritifh  fubjefts,  an^ 
by  their  decifions,  tax  the  revenue  of  thefe  ftates  at  pleafurc  ■■. 


W 


IV 


CHARLESTON  COMMITTEE. 


tji 


The  fetrenth  article  makct  reiKtution  for  the  extenfiye  fpoliatlont 
lately  committed  on  our  commerce,  remote,  expenfive,  and  tiocer- 
tain  {  though  juiHce,  and  the  circumftances  of  our  injured  citizeoi 
demanded  that  it  Ihould  have  been  immediate  and  complete ;  while, 
on  the  other  hand,  full  compenfation,  on  certain  fixed  principles,  i« 
ftipulated  to  be  made  by  the  United  States,  for  all  property  which 
has  been  taken  by  privateers,  equipped  in  our  ports,  or  which  has 
been.captured  within  our  limits. 

The  twelfth  article  gives  us  no  other  privilege  that)  that  of  carry- 
ing in  American  veflels  (not  exceeding  fevei  y  tons  burthen)  fuch 
articles  of  the  growth,  manufacture,  or  produdtidn  of  thefe  flates,  as 
are  not,  and  (hall  not  be  prohibited  by  Great.  Britain,  firom  being 
carried  to  her  Weft  India  iflands,  and  of  brinrane  from  thence,  in 
fuch  American  veflels,  fuch  produce  of  thofe  iflands,  as  mav  be  car- 
ried from  thence  to  the  United  States  in  Britifli  veflels :  In  return 
for  this  privilege  (which,  reftrifted  as  it  is,  is  of  no  value)  wt  are 
made  to  furrender  the  right  of  expordng  in  our  own  veflels,  to  any 
part  of  the  world,  melafles,  fugar,  coffee  and  cocoa,  whether  the 
^odudlions  of  the  Britifh  iflands,  or  of  any  other  place,  whilft  the 
Britifh,  and  all  other  Foreign  powers,  have  a  ri^t  to  fend  thofe 
very  articles,  in  their  veflels,  from  our  ports.  We  are  precluded 
from  exporting  in  our  own  vefTels,  not  only  foreign  (fotton,  but  the 
cotton  of  our  own  growth,  although  the  privilege  of  exporting  that 
article,  :Tom  henee,  in  their  own  veflels,  is  given  to  the  Britifh.  It 
preclude)  us  from  fupplying  our  allies,  the  French,  with  feveral. ar> 
tides,  which  they  conllaer  as  of  prime  necefTity,  and  which,  in  the 
cxifting  ftate  of  things,  they  cannot  (without  great  rifle 'ahd  difficul- 
ty) obtain  from  their  Weft  India  iflands,  but  through  the  medium  of 
neutral  powers,  more  particularly  the  United  States.  In  f&ft,  it  ha» 
placed  the  commodities,  above  mentioned,  on  a  footing  f;ir  wbrfe  for 
us  than  if  they  were  contraband  of  war  ;  inafmuch  as  contraband  ar« 
tides  are  only  prohibited  from  being  carried  to  powers  at  war :  h\xk 
thefe  articles  cannot,  uodcr  the  reftriflions  of  the  treaty,  be  carried' 
by  vefTels  of  the  United  States,  to  any  nation,  either  in  time  of  war, 
or  of  peace. 

Although  it  is  recommended,  that  a  fufpenfion  of  this  rrride  fliould 
precede  the  ratification  of  the  treaty  ;  yet,  it  having  been  alfo  rscora* 
miended  to  the  Prefident  to  proceed,  without  delay,  to  fusther  taego- 
ciations  with  iiis  Britannic  Majefty,  on  the  fubjeA  of  trade  to  his 
Wefl  India  iflands,  and  on  the  terms  and  conditions  mentioned  iji 
this  article,  yout  committee  have,  therefore,  thought  proper  to  fuh* 
mit  thefe  obfervations  on  it. 

.  The  feventeenth  article,  makes  a  formal  recognition  of  the  right  of 
Great  Britain  to  fearch  American  vefTels,  for  property  on  board  fuck 
vefTels,  fufpedted  to  belong  to  any  power,  with  which  fhe  is  at  war  : 
it  authorizes  her  to  cany  into  her  ports,  every  American  vciTel, 
which  the  ofHcers  of  her  men  of  war,  afid  privateeis,  may  fufpeft  to 
have  fuch  property  on  board :  and  engages  to  delivei'  up  all  fuch 
jgroperty,  though  of  our  fritpdt  a«id  allies,  which  ftu^i  ke  ea  board  ; 


17* 


REPORT,  &c. 


! '>.  I ' 


^^, 


whcreu  Fraace,  and  every  nation,  with  which  we  have  a  tr«aty, 
have  ex|>refsly  declared,  that  free  (hips  fhall  make  free  goods,  iwd 
proteA  property  on  board  of  them,  to  whomfoevcr  it  may  belong. 

By  authoriwig  (iich  fearchci,  a  general  fearch^warrant.  it  given  to 
Brttifli  privateers.  This  article  eftabliihes  principles  as  the  law  of 
nations,  which  jnftify  many  of  the  late  fpoliations  committed  by  Brio 
tiih  vefleU  of  war,  on  the  commerce  ot  thefc  ftates;  and  of  courft 
authorife  the  repetition  of  fuch  (poliation,  which  would  be  extremely 
detrimental  to  our  commerce.  The  capture  and  detention  of  Ame- 
rican, by  Britifli  veflels,  under  the  authority  of  this  article,  will  put 
American  &amen  wholly  in  the  power  of  the  Britifh }  yet  no  nrovi- 
fioa  it  nude  to  protedt  and  fecure  them  from  being  impreflea  into 
the  Britilh  fervtce,  though  daily  exDcrience  evinces  the  neceffity  of 
requiring  a  clear  and  unequivocal  ftipulatioa  for  the  proteAion  and 
iecurity  of  that  valuable  clafs  of  men. 

By  tHe  firft  fe^n  of  the  eighteenth  article,  all  timber,  for  (hif 
buildtog,  tap,  rofin,  copper  in  flieets,  fails,  hemp,  cordage,  and  io 
generaTwhatever  may  ferve  diredUy  for  the  equipment  of  veHels  (un- 
vrou^  iron  and  fir-planks  only  excepted)  are  declared  to  be  con- 
traband, and  juft  obge^  of  confifcation — whereas  thofe  articles,  i« 
all  our  other  treaties,  are  exprefsly  acknowledged  not  to  be  contra* 
band,  but  fi«e.  Thus  Amenca  concedes  to  Great  Britain,  what  fli» 
has  never  conceded  to  any  other  power. 

Wi^  t^Sfit€t  to  the  fecond  fe^ion  of  the  eighteenth  article,  an  at- 
tempt is  made  to  bring  even  provifions  under  the  head  of  contraband* 
This,  if  eficAed,  in  conjunction  with  the  precedioe  ckuTe,  will 
comprehend,  as  contraband,  almolt  all  the  important  ftaples  of  ^efe 
ftates.  Such  an  extenfion  of  contraband  mutt  prove  lumous  to  our 
commerce,  e&ecially  as  Great  Britain  affefts  to  hold  whole  countriei 
b  a  ftate  of  blockade. 

The  twenty-third,  twenty-fourth,  and  twenty-fifrh  articles,  have  » 
tendency  to  embroil  us  with  the  French  RepuUic,  and  in  the  exifting 
iiate  of  things,  to  make  our  fea-port  towns  fcenes  of  riot  and  blooo- 
fhed.  Thele  articles  alfo  tend  to  make  a  common  caufe  between  the 
United  States  and  Great  Britain,  to  opprefs  and  dillrefs  our  allies. 

Upon  the  whole,  your  committee  apprehend  that  great  evils  would 
refult  to  thefe  dates  from  this  treaty,  u  ratified;  they,  therefore,  re- 
commend that  an  addrefs  be  prepared,  and  prefented  to  Uie  PrelidoBC 
of  the  United  States,  praying  that  he  will  not  ratify  the  faid  treaty. 

The  above  report  was  agreed  to,  and  traofmitted  to  the  rrv 
'OileBt 


\^ 


-M* 


C     »73    3 


Norfolk   Refolutlons, 


jR^tfolntknt  adopted  at  a  Mettl^g  .nj  the  Jufluet  of  th  County,  and  jff* 
dermenof  tbd  Borough,  of  Nor/oik,  an  Saturday  tin  ixtb  of  July, 

»795- 

aCSOLVED,  That  Stephens  Thomfon  Mafon,  is  entitle^  to 
the  thanks  oi  this  meeting,  and  of  every  good  citizen  and  real 
.  .  1  to  the  conflitution  of  the  United  States,  for  his  patriotic  and 
invlependent  condudk  in  x(inding  the  veil  of  fenatorial  fecrecy,  and 
thereby  dirclofii^e  to  the  world  the  treaty  lately  concluded  on  by 
John  J«v,  and  tpe  miniflers  of  the  king  of  Grestt  Britain,  touching 
the  deveft  n^ts  and  mod  eflontial  intercfls  of  a  free  people. 

•Hefolved,  That  it  be  Tcc<)mmended  to  THE  PEOPLE  of  the 
towns  0^  Norfolk  and  PortAnouth,  and  of  the  county  of  Norfolk,  to 
aiTeniblc  »jl  the  Court-houle  of  faid  county,  on  the  Hrll  Wednefday  in 
Au^ifft  ,nextj  to  take  into  confideration  the  Treaty  aforefaid,  and 
the  pi;opriety  of  addreilin^  the  Pt-eOdent  of  the  United  States  op  that 

^^elplvcdf  Thftt  ^c  above  refolutions  be  publiflied. 

CHARLES  CONNER,  Chairman, 


•^^^;?i;?^bo«E;^g^  Refolutions. 

Refolutions  of  the  Cittxeni  of  Baltimore,  adopted  at  a  numerous  meeting, 
s/  .       held  at  the  Court-houfe,  on  the  2'jth  of  July,  1795. 

RESOLVED  unanirooufly,  That  the  citizens  now  afTcmbled, 
do  difapprove  of  the  treaty  of  amity,  commerce,  and  naviga- 
tion, lately  oiegociated  with  Great  Britain,  and  ^(Tented  to  by  Ui« 
'Senate  of  the  llnited  .States. 

Relblved  pnanimouHy,  as  the  fenfe  of  thi)  meeting.  That  an  ad- 
dreft  be  prefentcd  to  the  Pjreddent  of  thi  United  States,  expreffive 
of  their  dt&pprobation  of  faid  treaty,  and  requefting  (hat  it  may  no( 
be  ratified. 

Refolved  unanimoufly.  That  the  thanks  pf  this  meeting  be 
prd*ented  to  the  virtupus  minority  in  the  Senate,  for  thpir  oppoCtion 
to  the  proppfed  treaty,  and  to  Stephens  Thomfon  Matfon,  for  the 
patriotic  lervicc  rendered  his  country,  by  a  difclofurc  pf  its  con- 
tents. 


■:iV  ^  ■*' 


5':rJ;' 


'•-^:'y\  'Tfj  ( 


•i->f 


•i!  'iliJ 


.'l-i 


■i\  1' 


'5, 


C    174    ] 


It-)' 


hi  k 


NeW'^erJey  Petition, 


To  GEORGE  WASHINGTON,  Prefident  of  the  United  Sutes. 

The  Petition  «n4  Rfimonjlratice  of  the  Sulfcribers^  citizen*  if  the  State 

■' -    ■■       -  ,   '    '^'  of  Nenu-Jerjeyy  -.-;.-  ..,,.^ 

RESPECTFULLY  SHEW, 

THAT  your  petitioners,  fincerely  attached  to  the  interefts  of 
their  country,  have  read,  with  attention,  the  treaty  of  amity, 
commerce,  and  navigation,  between  his  Britannic  Majefty  and  the 
United  States  of  America,  entered  into  at  London,  on  the  igth  day 
of  November  laft,  which,  it  appears,  hath  been  in  part  afTented  to 
by  two-thirds  of  the  Senate — and,  upon  due  confideration  (without 
troubling  you  with  a  detail  of  particular  objeftions)  would  beg  leave 
mod  refpedlfully  to  fugged,  as  our  opinion.  That  the  faid  Treaty 
does  not  afford  to  the  citizens  of  thefe  dates,  fuch  terms  as  they 
ought  to  accept :  and  that,  if  finally  ratified,  it  will  be  a  fource  of 
many  difadvantages  to  the  commerce,  agriculture,  and  national  prof- 
perity  of  the  union,  and  of  great  difcontent  and  iineafinefs  in  the 
minds  of  the  citizens  thereof.  In  addition  to  this  'opinion  (which 
your  petitioners  believe  to  be  the  prevailing  fentiment  of  the  citizens 
of  New  Jerfey,  and,  as  far  as  information  hath  reached  us,  of  the 
United  States  at  large)  a  fincere  refpcft  and  efteem  for  you,  flowing 
from  a  recolleflion  of  numerous  and  eminent  fervices,  which  gratitude 
hath  indelibly  engraven  on  our  hearts,  renders  it  a  duty  incumbent  on 
us  to  reprefent  the  fame  for  your  information,  left  our  filence  on  the 
occafion,  might  be  conftrued  into  an  approbotion  of  the  faid  treaty. 

We  therefore  pray.  That,  fo  far  as  the  fame  may  be  confiftent 
with  that  difcretion  which  we  conceive  is  Entirely  vefted  in  you  by 
the  conftitulion,  your  fandlion  may  be  withheld,  until  more  equita- 
ble terms  are  acceded  to  on  the  part  of  Great  Britain. 


Trenton  Refolutions*, 


.^o^: 


*  rx 

^  % 


Refolutiotu  adopted  at  a  general  Meeting  of  the  Citizens  of  Trenton,  and 
its  Vicinity y  convened  at  the  State-houje,  on  the  2gth  of  ^u/y,  1795, 

.  purfuant  to  public  notice  given^  "for  the  purpofe  of  taking  into  confi- 
deration, Meafures  proper  to  he  purfued  upon  thefubjeS  of  the  pend" 
ing  Treaty  between  Great  By'itain  and  the  United  States," 

I.  TJ  ESOLVED  (without  a  difleating  voice)  That  we  entirely 
XV   and  religioully  concur  with  our  brethren  of  Philadelphia, 

"  That  it  is  the  conftitutional  right  and  patriotic  duty  of  the  citizens 

of  the  United  States,  to  exprefs,  on  every  important  occafion,  the 

public  fenfe  of  public  meafures." 

2.  Refolved  (without  a  diflenting  voice)  That  it  is  at  this  time, 

in  a  peculiar  manner,  the  bouodeQ  duty  ojf  every  fricad  to  his  country 


TRENTON  RESOLUTIONS. 


«75 


United  Sutcs. 
m  of  the  State 

le  interefts  of 
:aty  of  amity, 
ijerty  and  the 
the  19th  day 
irt  affented  to 
tion  (without 
uld  beg  leave 
B  faid  Treaty 
erms  as  they 
i  a  fource  of 
national  prof- 
ifinefs  in  the 
inion  (which 
f  the  citizens 
ed  us,  of  the 
you,  flowing 
lich  gratitude 
ncumbent  on 
Hence  on  the 
faid  treaty. 
be  confiftent 
d  in  you  by 
more  equitjt- 


isi 


Trentqrit  and 

7»6'»  »795. 
ig  into  conjfi- 

of  the  fend' 


we  entirely 
hiladelphia, 
the  citizens 
caHon,  the 

this  time, 
his  country 


to  exprefs  the  public  opinion  upon  an  indrument  fo  extraordinary  and 
fo  momentous  in  its  nature  as  the  treaty  of  amity,  navigation,  and 
commerce,  lately  projefted  between  Lord  Grenville  on  the  part  of 
Great  Britain,  and  John  Jay,  envoy  extraordinary  on  the  part  of 
the  United  States;  degrading  to  the  national  honour,  dangerous  to 
the  public  intereft,  and  deftruiSlve  of  the  agricultural  and  commer- 
cial views  of  the  United  States. 

3.  Refolved  (without  a  diflenting  voice  J  That  the  citizens  of 
Trenton  and  its  vicinity,  having  heard  a  full  difcuflion  upon  the  fub- 
jeA  of  the  treaty,  do,  upon  the  mod  cool  and  difpaflionate  conflde- 
ration,  difapprove  of  the  laid  treaty,  and  hope,  by  this  public  expref- 
lion  of  their  lentiments,  to  prevent,  as  far  as  polfible,  its  ratification 
by  our  fupreme  executive. 

4.  And  whereas  the  great  bulk  of  the  citizens  of  this  ftate  rcfide  ia 
fmall  towns  and  villages,  or  on  farms,  at  a  didance  from  each  other, 
and  cannot,  therefore,  without  much  inconvenience,  aflibmble  in 
town-meetings  or  otherwife,  in  any  condderable  numbers,  to  exprefs. 
their  fentiments  on  the  important  fubjetSl  now  under  confideration,  it 
was  deemed  highly  proper  and  neceflary,  that  the  faid  citizens  fliould 
adopt  the  mode  they  have,  of  doing  it  by  way  of  petition  and  remon- 
ftrancetothe  Prefidcnt — Refolved  (with  only /Ar«  diflenting  voices) 
That  the  petition  and  remonftrance*  originated  in  this  city  on  th# 
eighth  day  of  July  inflant,  and  fince  circulated  through  the  ftate, 
was  and  is  eligible,  refpedlful,  decent  and  proper,  expreflive  of  our 
fentiments  and  entitled  to  our  entire  approbation,  fet  on  foot,  no 
ttoubt,  with  the  pureft  intentions,  and  calculated  to  produce  the  mod 
happy  confequences  :  And  in  order  that  they  may  be  more  generally 
difperfed  than  has  yet  been  prafticable — It  is  further  refolved  (the 
firft  impreflion  of  the  faid  petitions  being  run  out)  That  two  hundred 
copies  more  be  immediately  printed  and  diilributed  under  the  diredlion 
of  the  chairman  of  this  meeting. 

5.  Refolved  (without  a  diflenting  voice)  That  the  ten  fenators, 
who  voted  againft  the  ratilication  of  the  faid  treaty,  thereby  gave  a 
proof  of  their  independence,  patriotifm  and  integrity,  and  are  en- 
titled to  the  future  confidence  of  the  citizens  of  the  United  States^ 
and  in  a  particular  manner  to  the  thanks  of  this  meeting. 

6.  Refolved  (without  a  diflenting  voice)  That  Stephens  Thomfon 
Mafon,  one  of  the  Senators  for  the  ftate  of  Virginia,  is  entitled  to 
the  higheft  veneration,  refpcft  and  efteem  of  his  countrymen,  for  the 
opportunity  he  hath  afforded  them  of  feeing  the  projeded  treaty,  and 
ofexercifing  their  conftitutional  right  of  exprefling  their  opinion 
thereon,  and  of  ufing  their  every  poflSble  endeavour  and  influence  to 
prevent  its  ratification, — a  thing  but  too  much  to  be  feared,  if  the 
imjujlifialle  fccrecy  intended  by  a  majority  of  the  Senate  had  been  ftridl- 
!y  adhered  to. 

7.  Refolved,  That  James  Mott,  George  Anderfon,  Jofeph  Mil- 
ror,  Jofeph  Brumly,  Richard  Throckmorton,  Major  P.  Hunt,  Ger- 
Ihoni  Craft,  Randle  Rickey,  Capt.  Wm.  Smith  (of  Hopewell),  Col. 

*  S.'c  p.  1 74. 


:  I' 


176 


FLEMINGTON  RESOLUtlONS. 


;>4 
1: 


Jofeph  Brearly,  Wm.  S.  Moore,  David  Snowden,  Jeremiah  Wool- 
fey»  John  Potts,  and  Hill  Runyan,  be  a  committee,  for  the  purpofe 
of  drawing  up  and  reporting  refqlutions  containing  the  reafons  \f  hicli- 
influence  this  meeting  to  difapprove  and  condemn  the  faid  treaty. 
The  whole  bufincfs  of  the  meeting  was  conduced  and  concluded 
with  tlie  moft  perfeft  harmony,  good  order,  and  decorum.  '-'V 

Signed  at  the  requeft  of  the  meeting. 
Jttejf  Jno.  W.  Vancleve,  Sec.     M.  FURMAN,  Chairman;. 


Fkmmgton  Refolutlons, 


The  Citizens  of  Flemingtoti,  Ncw-'Jerfeyy  audits  Vicinity j  having  feeii 
ih(  form  of  a  Petition*  to  the  Pre/ident  of  the  United  States^  praying 
that  his  SanSion  might  be  withheld  from  the  Treaty  agreed  to  by  John 
yayt  Efq.  on  behalf  of  the  United  States,  with  his  Britannic  Mor 
jefly,  met  on  Tuefday  evening  lajl^  andy  after  {^pointing  Mr.  Jofeph 
Atkinfon,  Chairman^ 

RESOLVED, 

THAT  they  have  a  high  opinion  of  the  ability  and  integrity 
of  John  Jay,  Efq.  and  are  convinced  that  his  attachment  to 
his  cruntry  induced  him  to  contend  for  the  moft  equitable  and  advan- 
tageous terms  that  could  be  obtained. 

2.  That  they  entirely  approve  of  the  conduft  of  the  two  thirds  of 
the  Senate  with  refpeft  tp  the  treaty,  having  full  reliance  on  their  wif. 
dom  and  patriotifm. 

3.  That  the  ability,  tried  virtue  and  magnanimity  of  our  firft  nu* 
giftrate,  does  not  require  petitioning  to  do  what  is  juft,  wife  and  po- 
litical. 

4.  That  the  promotion  of  fuch  petitions,  has  a  tendency  to  ftir 
up  the  minds  of  the  people  to  anarchy,  diforder,  and  confufion. 

5.  That  the  faid  form  of  Petition  be  configned  to  the  element  moft 
figurative  of  the  difpoHtion  of  felf-creatid  fociety  patriots — which  was 
done,  with  general  huzzas  for  the  executive  of  the  United  States. 

By  order  of  the  Chairman, 

LUCIUS  W.  STOCKMAN,  Sec. 
FltmingtoH,  Julyl^d,  1 795. 

Ti?  the  Citizens  of  Netv-Tork. 

FRIENDS  AND  FELLOW  CITIZENS, 

WE  perceive,  with  pain,  and  regret,  that  you  are  urged,  with 
much  intemperance  and  heat,  to  meet  to-morrow,  not  to 
conflder  and  difcufs  the  treaty  lately  negociated  with  Great  Britain, 
and  to  exprefs  the  convi<5lion  which  fhall  arife  from  a  fair  examination 
of  its  merits^  but  to  condemn  and  oppofe  it  as  a  thing  prejudged. 

*  See  p.  174. 


■'I'll 


JAMES  WATSON'S  ADDRESS. 


17.7 


You  are  told  that  it  is  ignominious  and  difgraceful ;  Uiat  h/urren- 
ders  rights  and  privileges  ruinous  to  our  commerce — that  it  yields  advan- 
fages  <which  we  aught  never  to  part  'suith  but  with  cur  fives  ;  that  k 
makes  facrifices  for  which  we  have  no  equivaknt ;  in  fliort,  that  it 
fettles  principles  dangerous  to  the  liberties  and  happincfs  of  the  peo- 
ple, and  deftruftive  of  our  freedom  and  independence. 

Thefe  are  ftrong  charges  indeed  againft  the  treaty — If  they  can  be 
made  out,  it  certainly  deferves  the  reprobation  of  every  good  crtiicn; 
and  no  man,  faithful  to  the  intcrefts  of  his  country,  ©ught  v>  with- 
hold the  expreffion  of  his  abhorrence  ©fit. 

But  ought  we  haftily  to  believe  that  fuch  charges  can  be  well 
founded  ?  Can  we  eafily  be  perfuadcd,  that  the  citizen  who  ncgoda- 
ated  the  treaty,  and  who,  on  all  former  occalions,  has  given  decided 
proof  of  fidelity  and  patriotifm,  could,  of  a  fuddenr»  becotlic  (b  bafe 
a  betrayer  of  the  rights  and  interefts  of  his  country  ?  Can  tit  imagine 
that  two-thirds  of  the  reprefentatives  of  the  United  ikates,.  in  their 
Senate,  would  have  fan€tioiied  fo  foul  a  treafon  ?  Cao  we  think  our 
interpofition  ncceffary  to  prevent  the  ratification  of  fuch  a  treaty  by 
that  wife  and  virtumis  man,  that  long  and  well  tried  knant  of  his 
country,  in  whom  the  executive  authority  of  the  Unitfd  States  tfl 
depofited  ? 

No,  Fellow  citizens!  it  is  impoffible  that  the  frightful  piftwe  giveft 
of  the  treaty  can  be  a  juft  one.  Such  charges  are  better  proofs  of 
the  intemperance  of  thofe  who  make  them,  tlian  of  the  dcfetis  cf  the 
treaty. 

You  cannot  but  be  fcnfible  that  the  treaty,  if  fuch  as  it  is  rcpiofcnt- 
ed,  muft  afFed  deeply  the  interefts  of  the  mercantil«  clafs,  Y©» 
cannot  doubt  that  the  nierchants  are  attentive  t^  their  inteteds,  aaj 
you  can  hardly  fuppofe  that  they  are  ignorant  of  them. 

For  our  part,  we  profefs  to  you  frankly,  ti.iKt  we  have  not  yet 
been  able  to  difcover  in  the  treaty,  thofj  hid^ou;  leatvire*  which  art 
alleged  to  exift  ;  yet  we  are  difpofed  to  meet  Ue  rtft  of  our  fellow 
citizens  and  to  promote  with  them  a  Fair  and  rational  difcuHicn  of 
the  fubjetJt.  We  truft,  however,  that  they  refpefl  thcmfclvi-s  too 
much  not  to  make  this  a  neccflary  piel'mvury  to  tlieir  pronounsing 
an  opinion — and  that  they  will  unite  with  us  in  rejcfting  any  j  lopo- 
fitions  which  fliall  be  attempted  to  be  impofcd  upon  them  withe ut  due 
inveftigation. 

Meeting  theni  on  this  bafis,  our  ears  vill  be  open  to  truth,  a.td 
we  fhall  be  ready,  according  to  the  bed  of  our  unckriiandingsv,  to 
concur  in  any  meafurcs  v^hich  can  be  fhown  to  bf  coB^flent  wilj^ 
the  true  interefis  cf  our  country.  We  doubt  not,  you  will  all  bring 
with  you  the  fame  difpofitions,  and  we  earnefily  recommend  a  gcn«- 
lal  attendance  upon  the  eccufion,  in  order  that  the  true  fenfe  tithe 
city  may  appear. 

By  order  of  a  Meeli^ig  of  a  number  of  Merchants,  at  the  Tooh 
tine  Coficc-houlv,  July  17th,   1795. 

■  JAMES  WATSON,  Chairnwo. 


.^.;;'vi:.  [    178    ]  I.; 


MvC-i    i'  i- 


■«  •*. 


Refolutions  of  the  New-York  Chamber  of 

Commerce. 


[;,;,;). 


% 


At  afpeclal  Meeting  of  the  Corporation  of  the  New-Tork  Chamler  of 
Commerce  f  held  at  the  Tontine  Coffee-houfe  the  ziji  of  July,  1795, 
— the  late  Treaty  of  Amity,  Commerce,  and  Navigation  having  been 
previoujly  read,  the  following  Refolutions,  with  the  Preamble  thereto^ 
nuere  propcfed  and  adopted,  viz. 

-  -'  .  '.;>  , 

WHEREAS,  the  treaty  between  the  United  States  and 
Great  Britain,  lately  fandlioned  by  the  Senate,  has  been 
made  the  fubjedl  of  public  difcuflion,  in  the  warmth  of  which,  mif- 
conftrudlions  and  mifreprefentations  have  contributed  to  excite  and 
irritate  the  public  raind. 

And,  whereas  a  difpoiltion  has  appeared,  in  certain  inftances,  to 
influence  the  executive  againftthe  ratification  of  the  faid  treaty,  whereby 
the  tranquility  and  profperity  of  our  country  may  be  endangered  :— 
therefore, 

Refolv'ed,  as  the  opinion  of  the  Corporation,  That  the  faid  Treaty, 
cpUedHvely  confidered,  contains  as  many  features  of  reciprocity,  as, 
upon  contemplating  the  relative  interefts  of  the  refpedtive  countries, 
could  reafonably  have  been  expeded.  And  that  the  precarious  pri. 
Tileges  of  the  American  trade  to  Great  Britain  and  her  colonies,  are, 
by  this  treaty,  changed  into  permanent  rights. 

Refolved,  That  the  provilions  in  the  faid  treaty,  for  a  quiet  fur- 
render  of  the  weftern  ports,  and  an  amicable  adjuftment  of  the  Britifli 
debts,  a  fair  compenfation  for  the  fpoliations  upon  our  commerce, 
and  for  the  prevention  of  future  depredati  :>ns,  are  wifely  arranged  for 
the  great  purpofcs  of  national  juftice,  and  to  preferve  the  bleflings  of 
peace. 

Refolved,  That  if  the  Treaty  ftiould  fail  to  be  ratified,  we  fliould 
apprehend  a  ftate  of  things  which  might  lead  to  hoftilities  ;  in  which 
event,  our  navigation  (now  difperfed  in  all  quarters  of  the  globe) 
may  be  intercepted,  our  under-writers  injured,  our  commerce  abridg- 
ed, our  produce  reduced  to  little  value,  our  artizans,  mechanics  and 
labourers  deprived  of  employment,  our  revenue  diminiflied,  and  the 
lives  of  our  fellow  citizens  facrificed. 

Refolved,  That  although  the  ratification  of  this  treaty,  for  the 
foregoing  reafons,  appears  to  us,  under  all  circumrtances,  expedient; 
yet  we  cheerfully  reil  it  where  it  is  placed  by  the  conftitution  :  in  full 
confidence,  that  the  wifdom  and  firmnefs  under  which  our  indepen- 
dence has  been  atchievcd,  and  our  progrefs  to  wealth,  power,  and 
refpedlability  promoted  beyond  a  parallel,  will,  in  this  inftance,  de- 
termine for  the  bert  interefts  of  this  country. 

Refolved,  That  the  Prefidcat  of  tliis  Chamber  caufe  a  copy  of 


<iy 


THE  PRESIDENT'S  ANSWER. 


179 


thefe  refolutions  to  be  certified  by  the  Secretary,  and  tranfmitted, 
without  delay,  to  the  Prefident  of  the  United  States. 
By  order  of  the  Corporation  oftlie  N.YorkChambcrofCommerce. 

C.  SANDS,  Prefident^ 
A  true  Extraft  from  the  Minutes. 

Atujiy        V7m.  Laight,  Sec. 


>:-"Y>r'^' 


*_   til       s*?*;^'>MV'  ^''.^^  ■    *-.tir     1 


■'»*'• 


THE  Corporation  of  the  Chamber  of  Commerce  of  the  city  of 
iievf-Yorkf  having  almoft  unanimouily,  a  very  full  meeting  of  the 
Merchants  conftituting  this  body,  adopted  the  enclofed  refolutions  ; 
it  becomes  my  duty,  as  prefident  of  the  faid  Corporation,  to  tranf- 
mit  them  to  your  Excellency.  They  are  expreffive  of  the  fentiments 
of  the  Society,  over  whom  I  have  die  honour  to  prefide,  and  are 
now  refpedtfully  communicated  to  the  Executive  of  the  United 
States,  by  *•  <    -^  ^,*«.,r»j  »^.-7 

His  moft  obedient,  ■  bixp-Uj^v'^     ' 

.  U  !i'!     ;  And  very  humble  fervant,  pr  ■t;n.,v  >! ,/':    . 

C.  SANDS,  Prefident. 
Go.  WASHINGTON,  Efq.  Prefident  of  the  United  Sutes. 

N(<w-Tork,  July  ztAy  ijgs* 


ff-^.^i^ 


•/ic''<i  (<..*  .• 


\>z!:  rv    T'/)e  Prefident' s  Anjwer, 


ToXOMFORT  SANDS,  Efq.   Prefident  of  the   New-York 

"'.*;",■';■'  Chamber  of  Commerce.  •     •^*'^- 


Six, 


A  LITTLE  before  my  departure  from  Mount  Vernon 
for  Philadelphia,  I  received  your  letter  of  the  2 2d  of 
laft  month,  covering  the  Refolutions  of  the  New- York  Chamber  of 
Commerce,  relative  to  the  Treaty  lately  negociated  between  the  Uni- 
ted States  and  Great  Britain.  My  journey,  and  the  urgent  bufincfs 
in  which  I  have  fince  been  engaged,  have  prevented  an  earlier  ac- 
knowledgment. 

While  I  regret  the  diverfity  of  opinion  which  has  been  manifefled 
on  this  fubjed,  it  is  a  fatisfat^Hon  to  learn,  that  the  commercial  part 
of  my  fellow  citizens,^  whofc  interefls  are  thought  to  be  moft  diredlly 
affe(5ied,  fo  generally  ^onfider  the  treaty  as  calculated,  oxK  the  whole, 
to  promote  important  tldvantages  to  our  country.  ,      ■^ 

With  due  refpeft,  .,",,;, 

...  I  am,  Sir, 

Ys)ur  moft  obedient, 

Go.  WASHINGTON. 
United  States,  Auguft  20,  1 795. 


:  I  -• 


C     t^o    I 


f**^ 


,'f>nfr!tl!f;'T 


t;:Vi.v.'*«nij'i|t«--. 


«»0-H   'I' 


.:.;iD, 


.»n>w 


Tin  ,f,/ 


[Jv-cm  de  PhUatU^ia  GateUe.'] 

'/;.'>.'.)  Sunbury,  July  20,  1795 


( •;»«.if 


«w 


MR.  BROWN, 

I  OBSERVE  in  the  newfpapers,  that  it  fcems  to  be  univer(3lly 
taken  for  granted,  that  the  Prefident  has  a  negative  on  the  pro- 
ceedings of  the  Senate,  refpe(5bing  the  Treaty  with  Great  Britain. 
We  are  informed,  that  Petitions  ar*"  framing,  to  be  prefented  to  him, 
to  withhold  his  aflent  to  the  Treaty  ;  and  that  wagers,  to  a  confi- 
derable  amouot,  have  been  a<^ugUy  ilaidj  ithatihe  will  accede  tp  it, 
or.rcjedt  it,  according  as  the  wi^ii  or  principles  of  peiifoDSihave/pcq- 
jxniderated  on  the  fubjeft.  I  confefs,  fir,  I  have  been  a  ;lit«!l«  W- 
•peifed  at  all  this!;  .becaufe  J  by  jio  means  ithink  the  pofition  an  obviowi 
«nd  uodfifuable  ope*  that  the  Prefident  .has  p.  controuling  power,  itfi 
4he  prefciiljiase  of  tthc  bufinefc,  on  what  the  Senate  have  done. 

3Che  wocds  of rthe  conilitution  are,  "Jie  (the  Prefident)  fhall  bajrc 
power,  by  and  with  the  advice  and  confent  of  the  Senate,  tp  ma^e 
treaties,  provided  two-thirds  of  the  feai^tprs  prefent  concur  ;  and 
he  (hall  nominate,  and  by  and  with  the  adyice  and  confent  of  the 
Senate,  iihall  appoint  ambaiTulors,  other  public  miniders,  and  con- 
fuls,  judges  of  the  fupreme  court,  and  allother  officers  of  the. Unite4 
States,  whofe  appointments  arc  not  herein  other  wife  provided  for, 
and  which  ihall  ^  .  "ftablifhcd  by  law." 

From  thefe  expreflions  it  is  clear,  the  Prefident  can  make  no 
treaty,  nor  appoint  an  ambafiador,  without  the  confent  and  advice  of 
the  Senate.  It  is,  therefore,  of  great  importance  to  afcertain  the 
time  when  this  cjor^nt  and  advice  of  the  Senate  is  to  be  given,  and  the 
force  and  meaning  of  the  expreflions.  In  the  ufual  and  ordinary 
method  of  appointing  oiTicers,  the.moment.the  Senate  confent  to  the 
nomination  made  by  the  Prefident,  andadvifehim  to  make  the  ap- 
pointment, it  is  allowed,  on  all  hands,  he  is  conftitutionally  obliged 
to  appoint  fucb  officer.  The  Senate  indeed  make  ufe  of  the  words 
joiifent  and  advlcey  !n  reply  to  the  Prefident'5  nomination  of  perfon;* 
to  fill  offices.  But  thefe  words  are  the  technical  and  conftitutlonal 
language  prefcriheil  to  them  ;  and  while  they  deprive  him  of  all  op- 
tion,as.  to  the  appointment,  do  clearly  iniply  an  obligation  to  apppint 
onthe.part  of  th'  T*refir!r  rtc  In  the  cafe  of  a  treaty  being  laidbefore 
the  Senate,  and  i  .vjir  giving  their  ccnfent,  and  advifing  the  Prefident 
to  ratify  it,  I  o:  fee  no  reafon  whj-  .<.  fmiilar  conllrufbion  lhpuld,not 
be  adopted.  Tl;,;  .vords  are  the  fame  in  both  cafes,  exc^t  tha^  in 
the  appointment  of  officers,  the  word  nominate  is  neceflariiy  introdu* 
ced.  The  treaty,  in  the  ^r/?  injlance.  Is  made  by  the  Prefident- — 
and  he  may  therefore  be  confidered  as  having  conftitutionally  ufed  that 
power  of  making  treaties,  with  the  confent  and  advice  of  the  Senate, 
which  the  conftitution  has  given  him.  His  laying  it  afterwards  before 
the  Senate  for  their  advice  and  confent,  is  not  merely  with  a  view 
to  confult  them  or  take  their  ppinion.  If  this  were  the  cafe,  the  Se- 
nate of  the  United  States  WQ\Ud  be  a  collQi^ioa  of  ,jnere  cyphers*    I^ 


■in  -jh^ 

univerCUIy 
n  the  pro- 
at  Britain, 
ed  to  him, 
to  a  conii- 
ed(  tp  it, 

ihavfi  ,pic- 
.  ;liyil«  rfur- 
m  obvioHd 
power,  ,in 
lone. 

(Hall  baATC 
,  tp  vn^c 
icur  ;  and 
nt   of  the 

and  con- 
he  .Unite4 
vided  for, 

I  make  no 

advice  of 

rtain  the 

and  the 

ordinary 

:nt  to  the 

the  ap- 

y  obliged 

he  words 

if  perfonn 

Htutioj^aJ 

of  all  op* 

0  appoint 

idbefore 

refident 

quid, not 

tha^  in 

introdu* 

ident- — 

ifed  that 

Senate, 

s  before 

I  a  view 

the  Se- 

:rs»     U 


OBSERVATIONS  ^c. 


*8i 


the  PreGdent  can,  in  this  manner,  put  his  veto  on  their  **  advice  and 
'confeiiit"  (vfords  which  I  apprehend  are  equivalent  to  an  order  or 
command)  it  is  evident,  that  inftead  of  the  Senate  having  any  real 
PQVr^r  in  the  npaHing  of  treaties,  they  will  not  have  even  the  fliadow  of 
^t.  The  Prefident  will  be  the /ole  maker  of  all  treaties  ;  and  ihould  it 
liappen,  which  is  very  poffible,  that  the  fenate  unanimoufly  confeot 
tQ  9,  treaty  and  advife  the  ratification  of  it,  dill  the  Prefident  may 
refufe  (o  iollow  their  advice  and  over-rule  the  opinion  of  the  whole 
fenate.  However  clearly  and  unanimouily  they  may  concur  in  the 
idea,  that  the  treaty  is  highly  beneficial  to  their  country,  yet  the 
opii\iQQ  o/  a  fingle  man  is  fufficient  to  outweigh  the  united  judgment 
of  the  whQle  fenate  QQ  this  niofl  interellingqueftiqn.  Thisdodlrine 
does  not  look  very  republican  ;  and  feems  to  clafh  with  the  general 
priqciples  of  the  coquitution,  which  has  guarded,  with  extreme 
caution,  ^g^inft  truding  power  in  the  hands  of  onet  in  oppofition  to 
(he  wifhes  i^nd  opinions  of  many. 

Let  it  be  fuppofed,  the  Prefident  receives  a  treaty  from  a  foreign 
mi^deri  and  that  he  cordially  difapproves  of  it.  The  fenate,  how- 
ever, on  his  laying  it  before  them,  think  quite  differently,  and  una- 
nimoufly give  their  confent  to  it,  and  advife  him  to  ratify  it. 

In  this  cafe,  pray,  Mr.  Brown,  whofe  opinion  is  to  decide  th« 
quedion  ?  Is  the  Prefidept,  by  refufing  to  ratify  the  treaty,  to  defeat 
the  wifhes  of  the  United  States,  as  exprefTed  by  the  united  voice  of 
the  whole  national  body  ?  I  confcfs,  fir,  I  extremely  doubt  whether 
this  be  the  genuine  conflrudtion  of  the  federal  confutation — it  would 
rather  feem,  the  power  he  has  of  making  treaties,  with  the  advice 
and  confent  of  two-thirds  of  the  fenators,  fhould  be 'deemed  to  extend 
no  further  than  his  making  them,  in  the  Jirjl  injlance,  through  the 
medium  or  channel  of  the  foreign  miniflers,  and  that,  when  laid 
before  the  fenate,  their  opinion  is  final  thereon. 

This  conflru6lion  will  fatisfy  the  words  of  the  conflltution,  with- 
out making  a  cypher  of  the  Prefident  on  the  one  hand,  or  of  the 
whole  fenatorial  body  on  the  other.  The  Prefident,  according  to 
this  idea,  will  poffefs  the  power  of  making  treaties^  but  not  to  the 
cxclufion  of  the  fenate.  And  the  fenate,  by  their  "  confent  and  ad- 
*•  wVf,"  v/ill  poflTefs  the  ultimatum  on  the  fubjeft  of  foreign  treaties, 
^hich  the  conflitution  has  vefled  in  them. 

What  are  the  forms  of  making  treaties  by  the  executive  of  the 
United  States,  I  am  not  certainly  informed ;  but  have  underffood, 
he  fends  abroad  the  minifler,  without  prevtoufly  communicating  to 
the  fenate  the  inflru(ftions  given  to  him.  A  treaty,  tlierefore,  made 
under  fuch  circumrtances,  may,  with  great  propriety,  be  viewed  as 
one  made  by  the  Prefident  within  the  words  of  the  conffitution.  And 
it  would  be  flrange  to  fay,  that  he  fhould  not  only  have  the  fird  con- 
coction of  the  treaty,  but  the  ultimate  power  of  rejedting  it,  in  oppo- 
fition to  the  fenate  ;  making  them  a  parcel  of  non-eniities.  And  on 
the  other  hand,  even  if  the  inftrudions  for  the  ufe  of  the  ambafTador, 
drawn  up  by  the  Prefident,  are  laid  before  the  fenate,  and  approved 
,ef  by  theroj  I  do  not  fee  how  this  could  ah( ;  the  cafe  ;  becaufe  th« 

A  a 


i  I 


I  1 


:i! 


1.'') 


I<  'M 


182 


OBSERVATIONS,  &c. 


iff' 


""-».       ; 


Prefident,  by  fuch  aA>  has  exercifed  his  power  In  making  the  treaty f 
and  therefore  can  riever  afterwards  controul  the  vote  of  the  fenate, 
approving  or  rdefHng  fuch  t-eaty. 

In  fliort,  Mr.  Brown,  the  conftraftion  that  will  be  mod  agreea* 
ble  to  the  fcope,  fpirit,  and  genius  of  the  confHtution,  and  at  all 
times  hereafter  lafe  for  the  United  Sutes  (for  too  much  cannot  be 
trufted  to  the  prefent  illuftrious  charaAer  who  fills  the  office  of  the 
executive)  will  be,  to  confider  the  Prefident's  laying  a  treaty  before 
the  fenate,  in  the  fame  light  as  his  nominating  a  gentleman  to  an 
office.  In  this  latter  cafe,  their  confent  and  advice  is  equivalent  to  a 
command,  and  carries  with  it  a  conJlUuttonal  obligation  to  appoint  the 
perfon  nominated.  In  like  manner,  their  confent  ;o  a  treaty  made 
by  the  Prefident,  and  their  advice  to  him  to  ratify  It,  are  final,  con- 
clufive,  and  obligatory  upon  him.  In  both  cafes,  he  is  contemplated 
by  the  conftitution  as  the  agent,  the  inftrument,  or  prime  mover  in 
the  bufinefs.  But  it  is  the  fenate,  JlrlBly  fpeakui^  ..  who  maie  the 
treaty,  and  appoint  the  officer,  through  the  means  and  by  the  a^- 
ance  of  the  Prefident ;  who  poflefies  the  power  indeed  of  bringing 

the  objeAs  into  the  view  and  contemplation  of  that  body and 

that  ia  all. 


.■■.l>*v(:,^2t/ 


A  FEDERALIST. 

-l  :;■■•■>•  !■:  .'».    ^-^       ,.        i! 


■h    -     J 


-         » 

jBntj/h  Proclamations, 

GEORGE  R. 

Additional  Inftru£tions  to  the  Commanders  of  sXX  our  (hips  of  war, 
and  privateers  that  have,  or  may  have  letters  of  marque 

(L.S.)  agunit  France.  Given  at  our  Court  at  St.  James's,  tlie 
6th  day  of  Nov.  17931  •"  ^^  34***  Y^*""  °^  °**'  reign. 

THAT  they  fliall  ftop  and  detain  all  (hips  laden  with  goods,  the 
produce  of  any  colony  beloiagtng  to  France,  or  carrying  pro* 
vilions  or  other  fupplies  for  the  ufe  of  any  fuch  colony,  and  (hall  bring 
the  fame,  with  their  cargoes,  to  legal  adjudication  in  Q))r  Courts  of 
Admiralty. 

By  his  Majedy's  command, 
A  Copy,        7  HENRY  DUNDAS. 

Jno.  Ibbertfon. 


} 


Inftruftions  to  Commanders  of  our  Sh<'ps  of  war  and  Privateers,  that 
have  or  may  have  Letters  of  Marque  againft  France.      Given  a^ 
our  Court  at  St.  James's,  the  8th  of  Jan.  1794. 
GEORGE  R. 

WHEREAS  by  a  former  inftrudlion  to  the  Commanders  of 
our  (hips  of  war  and  privateers,  dated  the  6th  day  of  Nov. 
1793 — We  (ignified  that  they  (hould  Aop  and  detain  all  (hips  ladei} 
with  goods,  the  produce  of  any  colony  belonging  to  France,  or  car- 
rying provi(ions  or  other  fupplies  for  'he  ufe  of  any  fuch  colony,  and 
fhould  bring  the  fame  with  their  car[  >es  to  legal  adjudication.  W« 
are  pleafed  to  revoke  the  faid  in(tru^  ons,  and  in  lieu  thereof,  have 
thought  (it  to  iffue  thcfe  our  inftrufiijins,  to  be  duly  obferved  by  the 
commanders  of  all  our  (hips  of  war  and  privateers  that  have  or  may 
have  letters  of  marque  againd  France. 

1.  That  they  (hall  bring  in  for  lawful  adjudication,  ail  ve(rels  with 
their  cargoes  that  are  laden  with  goods,  the  produce  of  tlie  French 
Weft  India  iflands,  and  coming  direcftly  from  any  part  of  the  faid 
i0ands  to  any  part  of  Europe. 

2.  That  they  (hall  bring  in  for  lawful  adjudication,  all  (hips  with 
their  cargoes  that  are  laden  with  goods,  the  produce  of  the  faid 
iflands,  the  property  of  which  goods  (hall  belong  to  fubjcfts  of 
France,  to  whadbever  ports  they  may  be  bound. 

3.  That  they  (hall  feize  all  (hips,  that  (hall  he  tjuiid  attempting  to 
enter  any  port  of  the  faid  iflands  diat  is,  or  (hall  be  blockaded  by  the 
arms  of  his  Majefty  or  his  allies  ;  and  (liall  lend  them  in  with  their 
cargoes  for  adjudication,  according  to  the  terms  of  the  fecoiid  article 
of  the  former  inilrudtions  bearing  date  tlie  8th  of  June,  1793. 

4.  That  they  fliall  feize  ail  vclTels  l.idcn  wholly  or  in  part  with 
naval  or  military  (lores,  bound  to  any  port  of  the  (aid  iflands,  and 
(hall  fend  them  into  fome  convenient  port  belonging  to  his  Majclty, 
in  order  that  they,  together  with  their  cargoes,  may  be  proceeded 
againft  according  to  the  rules  of  the  law  of  nations. 

H.  DUNDAS. 


f  fH  1 


I"     \:    ! 


^ 


fi  ., -i- 


Ztord  Dorchejler's  Reply  to  th  Indians. 

REPLY  of  hi&  Excellency  Lord  Dorchefter  to  the  Indians  of  the 
Seven  Villages  of  Lower  Canada,  as  Deputies  of  wll  the  Nations 
who  were  at  the  general  Council  held  at  the  Miami,  in  the  year 
1 793 ;  exc^t  the  Chawauous,  Miamis,  and  Loups. 

Children^ 

I  HAVE.  \(rell  confidered  your  "Woirds,  and  am  «o1ir  prej^isd  to 
reply. 
ChiUretij 
You  have  informed  me  that  you  are  deputed  by  the  feveti  villages 
of  Lower  Canada,  and  by  all  the  nations  of  the  upper  country  which 
fent  deputies  to  the  general  council  held  at  the  Miamis»  except  the 
Chawauous,  Miamis,  and  Loups.  ^ 

Cbilt/ren, 
You  remind  me  of  what  paffed  at  the  council-fire  at  Quebec,  juA 
before  my  lafl  departure  for  England,  when  I  promifed  to  reprefent 
their  lituation  and  wiihcs  to  the  King  their  Father,  and  exprcfled  my' 
hope  that  all  the  grievances  they  complained  of,  on  the  part  of  the 
United  States,  would  be  foon  done  away,  by  a  juft  and  lalling  peace. 
CMJretff 
I  remember  all  very  well  j  I  remember  that  they  pointed  out  to 
me  thi;  line  of  feparation,  which  they  wiflied  for  between  them  and 
the  United  States,  and  with  which  they  would  be  fatisfied  and  malce 
peace. 

Childrtn,  v  ^  (v- 

I  was  in  expectation  of  hearing  frOm  the  people  of  the  United 
States  what  vas  required  by  them  ;  I  hoped  1  fhould  have  been  able 
to  bring  you  together,  and  make  you  friends. 
Children^ 
I  have  waited  long,  and  likened  with  great  attention ;  but  I  have 
not  heard  one  word  from  them. 
Children^ 
I  flattered  myfelf  with  the  hope  that  the  line,  propofed  in  the 
year  eighty-three    to  feparate  us  from  the  United  Gtates,  Which  was 
immediately  broken  by  themfelves  as  foon  as  the  peace  was  (igned, 
would  have  been  minded,  or  a  new  one  drawn  in  an  amicable  man- 
lier ;  here  alfo  I  have  been  difappointed. 
Children, 
Since  my  return,  I  find  no  appearance  of  a  line  remains ;  and 
from  the  manner  in  which  the  people  of  the  ftates  pufh  on,  and  aft, 
and  talk,  on  this  fide,  and  from  what  I  learn  of  their  condudt   to- 
wards the  fea,  /  Jhall  not  be  furprifed  if  we  are  at  war  with  them  in 
thec6urfe  of  the  prefent  year  ;  and  if  -we  are,  a  line  muft  be  drawn  by 
the  warriors. 


MADISO>^'«  RESOLUTIONS. 


««S 


You  alk  for  a  palTport  to  go  to  Ne'w.York  ;  a  pa^pon  is  uitlefs  Hi 
peace ;  it  appears  therefore  that  you  «xpeft  we  fhafl  be  at  war  with 
the  States  before  you  return — ^you  fhall  have  a  pafTport,  that,  whe* 
ther  peace  or  war,  you  (hall  be  received  by  the  king's  warriors. 
ChiUreHy 

They  have  dleAroyed  their  right  of  pre-emption  \  therefbre  ill  their 
Approaches  towards  us  iince  that  time,  and  all  the  purch&fes  made  by 
them,  /  conjider  at  an  imfrhgement  on  the  iing't  rights  ;  ind  when  a 
line  is  drawn  between  us,  be  it  ]^eace  c  'var,  they  mud  lofe  all  their 
improvements  and  houies  on  our  Mr  >  .  it; 
who  do  not  obtain  leave  to  become 
to  the  Indians  will,  ofcouife,  be  cc  .. 
ChiUrin, 

What  further  can  I  fay  to  you  '—  >  ai . 
our  part  we  have  aAed  in  the  moir  peaceable  manner,  and  benie  tht 
language  of  the  United  States  viith  patience  ;  and  I  believe  our  patietice 
is  ^moft  exhaulled. 

V--        Given  under  my  hand  at  die  caftle  of  S^  Lewis,  in  the  city 
A  ^  of  Quebec,  on  the  tenth  day  of  February,  in  the  ytat  of 

'  our  Lord,  1794. 

-*     •  -DORCHESTER,. 

By  his  Excellency's  (Command,  ;    '  ;,    :  "  v:ji  j 

Herman  W,  Hylangt  Secrttory.  '^'  '        *• 


the  people  mnll  be  cone, 
fuljeHt  i  what  belongs 
dfecuredtothem. 

our  witncffes,  Aat  oa 


';,> 


Refoluttons  of  Mr,  Madijon^ 

LAID  before  the  Houfe  of  Reprefentatives  of  the  United  States 
en  Friday,  the  tfd«f  January,  1794. 

RESOLVED,  as  the  opinion  of  this  committee.  That  the  in- 
tereft  of  the  United  States  would  be  promoted  by  further  re- 
ftri^ions  and  higher  duties,  in  certain  cafes,  on  the  manuiaAures 
and  navigation  of  foreign  nations  employed  in  the  commerce  of  the 
United  States,  than  thofe  now  impofed. 

I.  Reiblved,  as  the  opinion  «f  this  committee.  That  an  ^di>- 
tional  duty  ought  to  be  laid  on  the  following  articles,  manafadured 
by  European  nations,  having  no  commercial  treaty  with  the  United 
States. 

On  all  articlies  ttf  which  leather  is  the  materkl  of  diief  value,  an 
additional  duty  of        per  centum  ad  valorum.        «      . 

On  a!i  manufaAured  iron,  fteel,  tin,  pewter,  copper,  brais,  or 
iirticles  of  which  either  of  thefe  meuls  is  the  material  of  chief  vaiuej 
an  additional  duty  of         per  centum  ad  valorem. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Hiotographic 

Sciences 

Corporation 


23  WIST  MAIN  STRiET 

WEBSTER,  N.Y.  KSM 

(716)872-4903 


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MADISON'S  RESOLUTIONS. 


mm 


m 

Ell 


On  all  ardcles  of  which  cotton  is  the  material  of  chief  value,  am 
addiuonal  duty  of        per  centum  ad  valorem. 

On  articles  of  which  wool  is  the  material  of  chief  value,  where 
the  eftimated  value  on  which  the  duty  is  pyable,  is  above  an  ad- 
ditional duty  of  per  centum  ad  valorum ;  where  fuch  vake  it 
below        an  additional  duty  of     ,  per  centum  ad  valorem. 

On  all  cloths,  of  which  hemp  or  flax  is  the  materia  of  chief  value, 
and  of  which  the  eftimate  value  on  which  the  duty  is  payaUe,  is  below 
aQ  additional  duty  of        per  centum  ad  vuorem. 

On  all  manufactures  of  which  (ilk  is  the  material  of  chief  value,  .a> 
^ditional  duty  of        per  centum  ad  valorem. 

2.  Refolved,  as  the  opinion  of  this  committee,  That  an  additi- 
4>nal  duty  of  per  ton  ought  to  be  laid  on  the  veflels  belon^g  to 
■ations  having  no  commercial  intercourf*  with  the  United  States. 

3.  Refolved,  as  the  opinion  of  this  committee.  That  the  duties 
on  veflels  belonging  to  nations  having  commercial  treaties  with  the 
Uaited  States,  ought  to  be  reduced  co        per  ton. 

4.  Refolved,  as  the  opinion  of  this  committee.  That  where  any  na- 
tion may  refiife  to  confider  as  veflels  of  the  United  States,  any  vef- 
fels  not  built  within  the  United  States,  the  forei^  built  veflels  of 
fucb  nation  ought  to  be  fubjeded  to  a  like  refiifal,  unlefs  built  within 
the  United  Sutes. 

5.  Refolved,  as  the  opinion  of  this  committee.  That  where  any 
nation  may  refufeto  admit  the  produce  or  manufa^res  of  the  Ub'ted 
States,  unlefs  in  veflels  belonging  to  the  United  St9,te8,  or  to  admit 
them  m  veflfels  of  the  United  States,  if  laft  imported  from  any  place 
within  the  United  States,  a  like  reftri£Hon  ought,  after  the  day 
of  to  be  extended  to  the  produce  and  manufadtures  of  fuch 
nation  ;  and  that,  in  the  mean  time,  a  duty  of  per  ton,  extraor- 
dinary ought  to  be  impofed  on  veflels  fo  importing  any  fuch  produce 
or  manu&Chire. 

6.  Refolved,  as  the  opinion  of  this  committee,  That  where  any 
pation  may  refiife  to  the  veflels  of  the  United  States  a  carriage  of  the 
produce  or  manufadhires  thereof,  whilfl  fuch  produce  or  manufac- 
tures are  admitted  by  it  in  its  own  veflels,  it  would  be  juft  to  make 
the  reftri^ons  reciprocal }  but  in  as  much  as  fuch  a  meaiure,  if  fud- 
denly  adopted,  might  be  particularly  diftrefiing  in  cafes  which  merit 
the  benevolent  attention  of  the  United  States,  it  is  expedient  for  the 
prefent,  that  a  tonnage  extraordinary  only  of  be  impofed  on 
the  veflels  fo  employed ;  and  that  all  diftilled  fpirits  imported  therein 
Ihail  be  ful^eded  to  an  additional  duty  of  one  part  of  the  ex- 
if  iiog  duty. 

7.  Refolved,  as  the  opinion  of  this  committee.  That  provifion  ought 
to  be  made  for  liquidating  and  afcertaininn  the  lofles  fuftained  by 
citizens  of  the  United  States  from  the  operation  of  particular  regu- 
lations of  any  country,  contravening  the  law  of  nations,  and  that 
fu,ch  lofl*es  be  reimbuiied  in  the  firft  inftance,  out  of  the  additional 
duties  on  the  manufa<^res,  produdlions  and  veflels  of  the  nation 
eftablifliing  fuch  unlawful  regulations.  , 


'  value,  ai 

lue«  where 
an  ad- 
ch  Take  it 
m. 

chief  value, 
e,  is  Mqw 

F  value*  JM 

;an  addid- 
slongiog  to 
States, 
the  duties 
!s  with  the 

;re  any  na> 

i,  any  vef- 

vefiels  of 

•uilt  within 

nrhere  any 
the  Uft'ted 
to  adroit 
any  place 
^e  day 
es  of  fuch 
extraot- 
h  produce 

vhere  any 
tage  of  the 
manufac- 
l  to  make 
re,  iffud- 
hich  merit 
:nt  for  the 
npofed  on 
:ed  therein 
of  the  ex- 

■  Li. 

ifion  ought 
Gained  by 
ular  regu- 
and  that 
H.ditional 
he  nation 


C    i«7    ] 


Refolutions  of  Mr.  Dayton^ 

LAID  before  the  Hoofe  of  Reprefentatives  of  the  United  States, 
on  the  27th  of  March,  1794. 

RESOLVED,  That  |»-ovifion  ought  to  be  made  fay  law,  fof 
the  fequeftiation  of  all  tbt  deb^  due  from  the  citizens  of  the 
United  States  to  the  fubjeds  of  the  king  of  Great  Britain. 

Refolved,  That  provifion  ought,  in  like  manner,  to  be  made  for 
(ecoring  the  payment  of  all  fuch  debts  bto  the  Treafury  of  the  Uni- 
ted States,  diere  to  be  held  as  a  pledge  for  the  indemnification  of 
(uch  of  the  citizens  of  the  faid  States,  as  fliall  have  fuilered  from 
the  (hips  of  war,  privateers,  or  firom  any  perfons,  acting  under  the 
commiffion  or  auUiority  of  the  Britiih  lung,  in  contravention  of  the 
laws  of  nations,  and  in  violation  of  the  rij^ts  of  neutrality. 


Rejolution  &f  Mr,  Clarke^ 

LA.ID  before  the  Houfe  of  Reprefentadves  of  the  United  States, 
K  *®  7*^  of  April,  i794»  .   ,^, 

^in  ESOLVED,  That  undl  the  government  of  Great  Britain 
j\.  fliall  caufe  reftitutioh  to  be  made  for  all  the  lofles  and  damages 
fuftained  by  the  citizens  of  the  United  States,  from  armed  veflels,  or 
from  any  perfbn  or  peiibns  a6Hng  under  commiffion  or  authority  of 
the  Britifli  king,  cont  -ary  to  the  laws  of  nadons,  and  in  violadon 
of  the  rights  of  neutrality ;  and  alfo,  until  all  die  polls,  now  held 
and  detained  by  the  king  of  Great  Britain,  within  the  territories  of 
the  United  States,  fliall  be  furreudered  and  given  up.  all  commercial 
intercourfe,  between  the  cidzeus  of  the  United  States,  and  the  fub- 
jeAs  of  the  king  of  Great  Britain,  fo  hx  as  the  fame  refpeAs  ardcles 
of  the  growth  or  manufadhire  of  Great  Britain  or  Ireland,  fliall  be 
prohiluted ;  provided  fuch  prohibidon  fliall  not  extend  to  veflels,  or 
their  cargoes,  arriving  in  any  of  the  portt  of  thq  United  Sltates, 
^fore  the        day  of  next. 


m 


i»f:  ■ 


C    188   3 


[Fnm  the  Aurora,'} 


n^rn 


!l!i.:,:  .m 


Enplanation  of  the  aSiual  JituaHon  ef  Mr. 

yafs  Treaty. 


MR.  MACHlh 

I  HAVE  l«t«ly  rmd  with  aMeetien  th*  Tr«(tty  between  Qhu 
BrUMn  »nd  the  UaitiBd  Smu,  u  alfo  tH«  |t.crQhmoii  of  (}ie  §f  • 
natie,  ccNMiitMwaUy  eonfcatiQg  to  i(»  mti(citioo>«»WhjU;  th«  S«n»t^  in<- 
«:oick4  l>)r  this  r^atiaa  is  vimmxly  (Ufficult  to  di^oyer,  {  i^pf , 
however,. die  following  rsmarks  wiU  aontiihiite  ta  pli^^  it  vpw  tht 
leaft  exceptionable  ground. 

The  refolution  is  in  thefe  words— 

**  Refolved*  That  the  Senate  do  confent  to,  and  advife  the  Prefix 
dent  of  the  United  States  to  ratify  the  treaty  of  anxity,  commerce^ 
and  navigation,  between  his  Britannic  Majefty  and  the  United  States 
of  America,  concluded  at  London  the  19th  of  November,  1794,00 
condition  that  there  be  added  t9  the  iju4  treaty,  an  article  wherel^ 
it  (hall  be  agreed  to  fufpe^d  the  ppenition  of  fo  much  of  the  twelfth 
article,  as  relpe^  the  trade,  which  his  faid  Majefty  thereby  confents 
may  b*  carried  on  between  the  United  States  and  his  iflands  in  Ht/t 
Weft  lodiesf  in  the  mapper,  wd  pn  tihe  tenos  wi  conditipn^  theMJP 
i^ified. 

**  And  the  Senate  recommend  tp  the  Prefident  to  proceed,  without 
delay,  to  further  friendly  negociations  with  his  Majefty,  00  the  fy^ 
yf&  of  the  faid  trade*  and  of  the  terms  and  conditions  in  qveftion," 

So  Qiuch  of  the  twelfth  article  of  the  tre^aty  as  i?  not  propped  (9 
be  fuipeoded  by  the  foregoing  refolution*  is  in  theJGb  wprds-*- 

*<  And  it  is  further  a^ed*  Thnt  at  the  expiratipqi  of  d)e  (aid 
tenn,  the  two  contrafling  prties  wUl  endeavour  furthir  tp  regujgti} 
^ir  Qommerce,  in  this  refpeift,  accftrdipg  to  the  fitiigtion  in  whi<;^ 
bis  Majefty  n'  en  find  hinnfelf  with  refpe^tp  ^e  WeftlndieSf 
and  ymh  a  vir  fuch  arrangements  as  may  beft  conduce  to  the  r)])« 
tual  advantage  aud  extenfion  of  con)merce.  And  the  l^d  p^rtji^f 
will  then  sKo  renew  their  difcufHons,  and  endeavour  to  .agree,  whe- 
ther in  any  and  in  what  cafes  neutral  veflTels  (hall  protecEt  enemy's 
property ;  and  in  what  cafes  provifions  and  other  articles,  not  gene- 
rally contraband,  may  become  fuch.  But  in  the  mean  time  their  con- 
du^  towards  each  other  in  thefe  refttefls,  (hall  be  regulated  by  the  ar- 
ticles herein  after  inferted  on  thofe  lubje^.'* 

The  28th  article  of  the  treaty  is  in  thefe  words — 

Art.  XXVIII.  **  It  is  agreed,  that  the  firft  ten  articles  of  this 
tt-eaty  (hall  be  periRaneot}  mi  that  the  fubfei|\i(eDt  articles;  except 


jti^.if'!';;.  1 


EXPLANATION,  &c. 


189 


fMr. 


the  Prell. 
ommerce* 
ed  States 
1794,0a 
!  wbereby 
le  twelfui 
'  confenu 
ds  in  tlie 
i^thec^ 

1,  withoiji 

I  thefplh 
ftion," 

in  w)>i(^^ 
[|  Ipdv)?, 
>the  ipu- 

ic,  whe- 
enemy'y 
lot  gene- : 
beir  con- 
jr  the  ar- 


of  this 
except 


the  twelfth,  (hall  be  liinited  in  their  duration^  to  twelve  yean,  to  be 
computed  fi-om  the  day  on  M^iich  the  ratifications  of  this  treaty  (hall 
be  exchanged,  butfubjeftto  this  condition-^That  whereas  the  faid 
1 3th'  article  will  expire  by  the  limitation  therein  contained,  at  the 
end  of  two  years  iirom  the  ngning  of  the  preliminary  or  other  articles  of 
peace,  which  fliall  terminate  the  prefent  war  in  which  his  Majefty  is 
engaged,  it  is  agreed,  that  proper  meafures  (hall  by  concert  be  uken 
for  bringing  the  fubjeA  of  that  article  into  amicaUe  treaty  and  di£> 
cuffion,  fo  early  before  the  expiration  of  the  faid  t^rm,  as  that  new 
arrangements  on  that  head,  may  by  that  time  be  perfected  and  ready 
to  take  place.  But  if  it  (hould  unfortunately  happen,  that  his  Ma- 
jefty and  the  United  States  fliould  not  be  able  to  agree  on  fuch  new 
arrangements,  in  that  cafe  all  the  articles  of  this  treaty,  except  the 
firft  ten,  (hall  then  ceafe  and  expire  together." 

If  the  treaty  had  been  unconditionally  confented  to  by  the  Senate 
and  ratified  by  the  Prefident,  and  if  no  new  arrangements  in  rela- 
tion to  the  Aibjct^s  of  the  twelfth  article,  could  be  agi'eed  on  between 
the  parties,  before  or  at  the  expiration  of  two  years  firom  the  termi- 
nation of  the  prefent  war,  then  at  that  period  the  whole  of  the  treaty 
(except  the  firft  ten  articles)  would  expire  together — Except  thofe 
ten  articles,  the  whole  treaty  is  made  to  depend  on  the  operation  of 
the  twelfth  article,  or  its  fubftitute.  Whenever,  therefore,  the  1 2th 
article  ceafes  to  operate,  if  an  agreeable  fubftitute  is  not  ready  to  take 
its  place,  the  whole  treaty,  except  the  ten  firft  articles,  tnuft  expire 
with  it.  It  is  obvioufly  immaterial,  whether  the  determination  of  the 
twelfth  article  is  occafioned  by  its  regular  expiration,  two  years  after 
the  termination  of  the  war,  or  by  the  confent  of  the  contra^ing  na- 
tions, at  an  earlier  period.  In  either  cafe,  the  effedt  muft  be  the 
fame. 

■  The  fefolution  of  the  Senate  makes  the  fufpenfion  of  the  material 
parts  of  the  twelfth  article,  a  condition  upon  which  they  will  confent 
to  the  ratification  of  the  treaty.  If  this  condition  is  not  accepted  by 
the  3riti(h  king,  every  part  of  the  treaty  is  without  the  fan^ion  of 
the  Senate.  If  it  is  accepted,  then  the  fubftantial  parts  of  the  1 2th 
article  ceafe  to  operate,  by  the  mutual  confent  of  the  contraifHng  na- 
tions ;  and  therefore  every  part  of  the  treaty,  except  the  firft  ten  ar- 
ticles, muft  expire  with  it.  The  foundation  being  taken  away,  the 
fupcrftrufture'  muft  fall. 

The  Senate,  aware  of  this  conclufion,  add  to  their  refolution  a  re- 
commendation to  the  Prefident,  to  proceed  without  delay  to  procure 
a  fubftitute  for  the  1 2th  article,  by  new  negociations  with  the  Britifli 
king.  If  fuch  a  fubftitute  can  be  obtained,  fo  as  to  begin  its  opera- 
tion when  the  fufpenfion  of  the  12th  article  takes  place,  then  it  may 
be  contrived  to  give  exill:ence  to  the  whole  treaty ;  but  without  it, 
the  Britifti  king's  aflent  to  the  condition  contained  in  the  Senate's  re- 
folution muft  annihilate  the  whole  of  the  treaty,  or  at  any  rate  the 
whole  of  it  except  the  ten  firft  articles. 

Under  this  view  of  the  Senate's  refolution,  it  may  become  a 
^ueftion,  whether  the  Prefident  cui  conlUtutionaliy  complete   t^Q 


^ 


WiPl^AHATIQlf.  #tc; 


inal  tfi  •£  vatification,  >withoHt  tiffin  refovting  to  thq  Seoai:^  fat  th^is 
tppiiobaooui.^  If  new  wpkftgfifoeatf  ^re  i^a^i^  m  ,%¥ly  '^f  Il^Sf  ^ 
the  lath  »n>cle«  t}|sy  muft  fonpgt  s^  piurl  ^  fh«  jpnefeii)t  treaty-»nThey 
itonMQOW  exUU  4n4  ««f>ff4!Mf#  tl)«gf  c^nq(  U'Taid  to  have  obr 
taiiie4  the  tonfeat  oftlif  9ea«te — ^WUhjOwt  thj?  copfent  of  the  Senate* 
a  treaty  cannot  conftitttti«)P9%  be  inade-^if  QQ  nevr  a^t^lgel^ents  are, 
agreed  on,  and  the  cQn4>tK>i>  apon  vrlvcb  tbe  Sfpate  h%ye  copfeoted 
to  the  ratificati(Wa  i>  ^P^!^  to,  ^n  ^  tbe  <;oiiditk>n  itfeU'  wU) 
de{koy  alt  the  treaty,  ei^yt  the  firft  ten  articles,  the  difcuf^on  of 
tihe  i|ueftioo,  a:s  to  thePrefident'a  coo{Ut9ti(»)al  power,  becomes  unii^t 
potCant,  as  to  all  tbe  treaty,  except  the  ten  wh  ar^cles.  The  ope-t 
latim  of  the  condition,  when  aflented  to,  upon  the  Prefident'a 
power  to  ratify^tl^  ten  firft  articles,  is  a  queftion  I  do  not  now  in- 
tend to  examine,  becaaje  tiut  proceedings  <a  the  Senate  have  unequi-^ 
Tocally  (hown,  amidft  all  their  perplexity,  that  tbe^  did  not  intend 
.0  ratify  the  ten  firft  artifihf  i^  the  view  of  a  difi|n<|  treaty  yrltb 
Cereat  Britain. - 

AMERICANU5. 


rf,<l 


1?  I  N  I  8. 


W-. . 


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■.miUm' 


w^*-  i-.V 


^**M- 


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«  place  of 

I  luveobf 
le  Senjte, 
Mnentsar^ 
cQofeoted 
itfetf  wiU 
fcuilon  of 
nesuiui^t 
The  qjfft 
iVefident's 
2t  now  lo- 
re uneqiui 
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